Bathurst Resources Limited & Buller Coal Limited v L&M Coal Holdings Limited - SC 29/2020

Media releases

Summary

Civil appeal - Application for leave to bring an appeal

Result

A The application for leave to appeal is granted (Bathurst Resources Ltd v L&M Coal Holdings Ltd [2020] NZCA 113).
B The approved question is whether the Court of Appeal was correct to dismiss the appeal.
27 July 2020
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A The appeal is allowed. The judgments of the High Court and Court of Appeal are set aside and judgment is entered for the appellants.
B The application to adduce further evidence is dismissed.
C The respondent must pay the appellants costs of $30,000 plus usual disbursements. We certify for second counsel.
D Costs should be re-determined in the Courts below in light of this judgment.
14 July 2021

Date of Hearing

08 October 2020 — 09 October 2020

Judges

Winkelmann CJ, Glazebrook, O’Regan, Ellen France, Williams JJ

Hearing Transcripts

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