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Appellate decisions - unled (5)

  • Mineralogy Pty Ltd v CITIC Ltd [2026] WASCA 118 - costs; delay in seeking indemnity costs - for Mineralogy against S H Parmenter KC; leave to appeal refused
  • Palmer v Parbery [2018] QCA 302 - case management pending a recusal application - for the Palmer group; appeals dismissed with indemnity costs
  • QNI Metals Pty Ltd v Parbery [2018] QCA 287 - stay of case-management orders pending appeal - for the Palmer group; refused with indemnity costs
  • Palmer v Parbery [2018] QCA 268 - costs of a stay application abandoned the day before hearing - for Mr Palmer; indemnity costs ordered
  • Sino Iron Pty Ltd v Mineralogy Pty Ltd [2017] WASCA 24 - stay pending appeal of a US$10.69 million royalty payment order - against C M Scerri QC; six-week stay granted

Appellate decisions - led (35)

  • Sino Iron Pty Ltd & Ors v Mineralogy Pty Ltd & Ors[2026] HCADisp 260 - special leave to appeal; re-opening of an appeal - with P Dunning KC for Mineralogy; special leave refused with costs
  • Sino Iron Pty Ltd & Ors v Mineralogy Pty Ltd & Ors[2026] HCADisp 259 - special leave to appeal from [2026] WASCA 71 - with P Dunning KC for Mineralogy; special leave refused with costs
  • Palmer v Magistrate McKenzie [2026] QCA 129 - federal jurisdiction; judicial review of pre-committal rulings - with P Dunning KC for Mr Palmer; appeal dismissed
  • Palmer v Shipton [2026] FCAFC 90 - misfeasance in public office; summary dismissal - with P Dunning KC for Mr Palmer; appeals dismissed with costs
  • Sino Iron Pty Ltd v Mineralogy Pty Ltd [2026] WASCA 71 (S) - re-opening an appeal; special costs orders - with P Dunning KC for Mineralogy; re-opening refused, costs caps lifted to 150 per cent
  • Sino Iron Pty Ltd v Mineralogy Pty Ltd [2026] WASCA 71 - contract construction and good faith under a State Agreement; seven-day appeal from a 33-day trial - with P Dunning KC; CITIC parties' appeal dismissed
  • Palmer v Australian Securities and Investments Commission[2026] HCADisp 54 - special leave; fragmentation of criminal proceedings - with P Dunning KC for Mr Palmer; special leave refused with costs
  • Palmer v Australian Securities and Investments Commission[2025] FCAFC 151 - abuse of process by "fragmentation" of criminal proceedings - with P Dunning KC for Mr Palmer; appeal dismissed with costs
  • Queensland Nickel Sales Pty Ltd v Park [2025] FCAFC 129 - judicial advice to liquidators; interlocutory directions - with P Dunning KC for the joint venturers; appeals dismissed as incompetent
  • Zeph Investments Pte. Ltd. v. The Commonwealth of Australia(PCA Case 2023-40) - investor-State arbitration under AANZFTA; claim of about A$300 billion - with G Spalton KC and S Foote KC; jurisdiction declined with costs
  • Mensink v Registrar of the Federal Court of Australia [2025] HCADisp 10 - special leave; contempt; submission to jurisdiction - with P Dunning KC for Clive Mensink; special leave refused
  • Palmer v Magistrates Court of Queensland [2024] HCASL 158 - special leave; civil proceedings to halt a pending prosecution - with P Dunning KC for Mr Palmer; special leave refused
  • Palmer Leisure Coolum Pty Ltd v Magistrates Court of Queensland[2024] HCASL 159 - special leave; the Coolum Resort takeover charge - with P Dunning KC for Palmer Leisure Coolum; special leave refused
  • Palmer v Magistrates Court of Queensland & Ors [2024] QCA 8 - abuse of process; civil proceedings to halt pending prosecutions - with P Dunning KC; appeals dismissed with costs
  • QNI Resources Pty Ltd v Vannin Capital Operations Limited [No 2][2023] QCA 235 - costs; contractual costs indemnity in a guarantee - with P Dunning KC; costs ordered on the full indemnity basis
  • QNI Resources Pty Ltd v Vannin Capital Operations Limited[2023] QCA 216 - guarantees; mortgagee's duty on sale; US$30.8 million judgment on an aircraft loan - with P Dunning KC; appeal dismissed
  • Queensland Nickel Sales Pty Ltd v Park [2023] FCAFC 150 - former trustee's indemnity over the $102.9 million judgment sum; funding premium as a trust expense - with P Dunning KC; appeal dismissed
  • QNI Resources Pty Ltd v Vannin Capital Operations Ltd[2023] QCA 13 - stay of a US$30.8 million judgment pending appeal - with P Dunning KC; refused, costs on the full indemnity basis
  • Mensink v Registrar of the Federal Court of Australia [2022] FCAFC 102 - contempt; the Registrar's takeover of the prosecution - with P Dunning QC for Clive Mensink; appeals dismissed with costs
  • Mensink v Registrar of the Federal Court of Australia [2022] HCASL 184 - special leave; the Registrar's conduct of a contempt prosecution - with P Dunning QC; special leave refused
  • Sino Iron Pty Ltd v Mineralogy Pty Ltd [No 16] [2023] WASC 192 - stay pending appeal of a mandatory order (Programme of Works) - with P Dunning KC for Mineralogy; stay refused
  • Mineralogy Pty Ltd v Adani Mining Pty Ltd & Anor [2023] HCASL 34 - special leave; royalty deed dispute with Adani Mining - with P Dunning KC for Mineralogy; dismissed with costs
  • Mineralogy Pty Ltd v Adani Mining Pty Ltd [2022] QCA 206 - injunction against an expert determination under a royalty deed - with P Dunning KC for Mineralogy; appeal dismissed
  • Mineralogy Pty Ltd v Sino Iron Pty Ltd [2022] WASCA 162 - construction of a mine-closure security clause; $529 million claim - with P Dunning KC for Mineralogy; appeal dismissed
  • Queensland Nickel Pty Ltd (in liq) v QNI Metals Ltd [2022] QCA 136 - statutory interest on the $102.9 million judgment - with P Dunning QC for Mineralogy; $48.8 million claim defeated, interest remitted
  • QNI Metals Pty Ltd v Queensland Nickel Pty Ltd (in liquidation) & Anor; Mineralogy Pty Ltd v Queensland Nickel Pty Ltd (in liquidation) & Ors[2022] HCATrans 33 - special leave; joint venture manager as agent or trustee - with P Dunning QC for Mineralogy; special leave refused
  • Queensland Nickel Pty Ltd (in liq) v QNI Metals Ltd [2021] QCA 138 - trusts; joint venture manager's standing to recover $102.9 million - with P Dunning QC; liquidators' appeal allowed, judgment against Mineralogy
  • Mineralogy Pty Ltd v Sino Iron Pty Ltd [No 2] [2021] WASCA 105 - re-litigating abandoned claims; reflective loss; almost US$200 million in royalties - with D F Jackson QC; appeals dismissed
  • Mineralogy Pty Ltd v Sino Iron Pty Ltd [2021] HCASL 225 - special leave; re-litigating abandoned claims - with D F Jackson QC for Mineralogy; application dismissed with costs
  • Palmer v Sino Iron Pty Ltd [2021] HCASL 226 - special leave; reflective loss; stay of Mr Palmer's guarantee claim - with D F Jackson QC; dismissed with costs
  • QNI Metals Pty Ltd v Vannin Capital Operations Ltd[2021] QCA 24 - counsel's conflicts; confidential information of a former client - with P Dunning QC; appeal dismissed with costs
  • Mineralogy Pty Ltd v Sino Iron Pty Ltd [2021] WASCA 53 - late adjournment of appeals over royalty claims of almost US$200 million - with P Dunning QC; applications dismissed
  • Sino Iron Pty Ltd & Ors v Mineralogy Pty Ltd [2020] HCATrans 10 - special leave; construction of a long-term royalty formula - with D F Jackson QC; special leave refused with costs
  • Sino Iron Pty Ltd v Mineralogy Pty Ltd (2019) 55 WAR 89; [2019] WASCA 80 - construction of a long-term royalty formula; US$149 million judgment - with D F Jackson QC; appeal dismissed, judgment sum increased
  • Sino Iron Pty Ltd v Mineralogy Pty Ltd [No 2] [2017] WASCA 76 - mandatory interlocutory injunctions to pay disputed royalties - with T Bradley QC; the CITIC parties' appeals allowed

  

First-instance decisions - unled (33)

  • Palmer v Commonwealth Director of Public Prosecutions[2026] QSC 147 - Human Rights Act 2019 (Qld) referrals; when a referral ceases to be "pending" - for Mr Palmer against the Commonwealth DPP; dismissed
  • Palmer v Australian Securities and Investments Commission[2026] QSC 51 - Human Rights Act 2019 (Qld); s 49 referrals on whether committals may be stayed - for Mr Palmer; questions answered "no" (appeal pending)
  • Australian Securities and Investments Commission v Palmer[2026] FCA 573 - leave to appeal a pleading ruling; a corporation's state of mind - for Mr Palmer against ASIC; leave refused with costs
  • Park, in the matter of Queensland Nickel Pty Ltd (in liq)[2024] FCA 912 - trading-trust liquidation; former trustee's indemnity for a $4.15 million debt - for the Palmer parties; order made
  • Parbery v QNI Metals Pty Ltd [2023] QSC 246 - interest on the $102.9 million judgment; issue estoppel; privity - for Mineralogy; $13.5 million in interest ordered
  • Palmer Leisure Coolum Pty Ltd v Magistrates Court of Queensland; Palmer v Magistrates Court of Queensland [2022] QSC 227 - fragmentation of the criminal process - with P Dunning KC at the first hearing, alone at the resumed hearing; proceedings permanently stayed with indemnity costs
  • Mineralogy Pty Ltd v Sino Iron Pty Ltd [2022] WASC 329 - pleading a $27.3 million claim for "costs in administering" resources agreements - against S Free SC; struck out, leave to replead
  • Park, in the matter of Queensland Nickel Pty Ltd (in liq) (No 2)[2022] FCA 705 - joinder and discovery a month before trial - for the Palmer parties against two silks; both refused, indemnity costs on the joinder
  • Australian Electoral Commission v Kelly [2022] FCA 628 - electoral law; urgent mandatory injunctions on election eve - for Craig Kelly; AEC's application dismissed with costs
  • QNI Metals Pty Ltd v Parbery [2021] QSC 76 - costs of a discontinued application - for QNI Metals and QNI Resources; indemnity costs ordered against the applicants
  • CITIC Ltd v Mineralogy Pty Ltd [No 3] [2020] WASC 398 - late amendments five weeks before trial - against J H Karkar QC and S Parmenter QC; "CPI Increase" amendments refused
  • Mineralogy Pty Ltd v State of Western Australia [2020] FCA 1517 - litigation against a State; case management pending a constitutional challenge - for Mineralogy; adjourned generally, as sought
  • CITIC Ltd v Mineralogy Pty Ltd [No 2] [2020] WASC 252 - electronic discovery; proportionality - for Mineralogy against J H Karkar QC; request for CITIC's drilling records refused
  • CITIC Ltd v Mineralogy Pty Ltd [2020] WASC 223 - leave to amend a US$200 million counterclaim; bifurcation of quantum - against C M Scerri QC; conditional leave granted
  • Parbery v QNI Metals Pty Ltd [2020] QSC 143 - 27-day trial of liquidators' claims exceeding $200 million - for Domenic Martino (first two weeks); declarations against him refused
  • Park (Liquidator) in the matter of Queensland Nickel Pty Ltd (In Liq)[2019] FCA 340 - public examinations; summons for a director's spouse - for Mrs Anna Palmer and Mineralogy; applications dismissed with costs
  • Parbery v QNI Metals Pty Ltd [2019] QSC 48 - disclosure; late applications that would have vacated the trial - for seventeen Palmer group defendants; dismissed
  • Parbery v QNI Metals Pty Ltd [2018] QSC 213 - recusal of the trial judge after interlocutory credibility findings - for the Palmer group; Bond J recused himself
  • Parbery v QNI Metals Pty Ltd (No 7) [2018] QSC 180 - disclosure plan and protocol - for the Palmer group; plaintiffs' protocol adopted, costs against the defendants
  • Parbery v QNI Metals Pty Ltd (No 6) [2018] QSC 178 - stay of case-management orders pending a recusal application - for the Palmer group; applications dismissed with costs
  • Parbery v QNI Metals Pty Ltd (No 5) [2018] QSC 177 - adjournment of a disclosure application - for the Palmer group; adjourned to 3 August 2018, costs against the defendants
  • Parbery v QNI Metals Pty Ltd (No 4) [2018] QSC 176 - case management pending a foreshadowed recusal application - for the Palmer group; contention rejected, directions made
  • Parbery v QNI Metals Pty Ltd (No 3) [2018] QSC 141 - freezing orders; ancillary asset-disclosure orders - for the Palmer group companies; affidavit-of-assets order substituted
  • Parbery v QNI Metals Pty Ltd [2018] QSC 276 - application to vacate a 60-day trial of claims exceeding $200 million - for the Palmer group; refused with indemnity costs
  • Parbery v QNI Metals Pty Ltd [2018] QSC 249 - recusal; "prudent not to sit" - for the Palmer group; grounds rejected, but Jackson J declined to hear the 12-week trial
  • Parbery v QNI Metals [2018] QSC 245 - sequencing of recusal, disclosure and trial-vacation applications - for the Palmer group; recusal heard at once
  • Parbery v QNI Metals [2018] QSC 121 - ancillary asset-disclosure orders against liquidators; $1.8 billion counterclaim - for QNI Metals and QNI Resources; dismissed
  • Queensland Nickel Pty Ltd (in liq) v Queensland Nickel Sales Pty Ltd[2017] QSC 305 - joint ventures; the "disclosed agent" problem; US$3.76 million debt - for Queensland Nickel Sales; Queensland Nickel held to have contracted personally
  • Mount Isa Mines Ltd v Queensland Nickel Sales Pty Ltd[2017] QSC 285 - licence termination; trespass at a Townsville port berth - for Queensland Nickel Sales; removal lawful, $270,215 damages awarded
  • QNI Resources Pty Ltd, in the matter of Queensland Nickel Pty Ltd (in liq) v Queensland Nickel Pty Ltd (in liq) [2017] FCA 1594 - transfer of proceedings under s 1337H Corporations Act - against T P Sullivan QC; liquidators' indemnity costs application dismissed
  • Palmer v CITIC Ltd [2017] WASC 253 - temporary stay of Mr Palmer's $2.324 billion indemnity action - against C M Scerri QC; action stayed pending the Royalty B trial
  • Queensland Nickel Pty Ltd v Glencore International AG [2017] QSC 57 - interpleader; competing claims to US$3.76 million paid into court - for Queensland Nickel Sales; separate question ordered
  • Cart Provider Pty Ltd v Park [2017] QSC 27 - costs; joint and several liability of co-applicants - for Mr Palmer and five companies; liability held joint and several

First-instance decisions - led (70)

  • Registrar of the Federal Court of Australia v Mensink (Contempt)[2026] FCA 1470 - contempt; failure to attend liquidators' examinations - with C Wilson against S Holt KC; contempt found on one of two charges, penalty pending
  • Palmer v Magistrate McKenzie [2026] FCA 1080 - judicial review; federal jurisdiction over State criminal procedure - with P Dunning KC; dismissed as fragmenting the criminal proceedings
  • Palmer v Australian Securities and Investments Commission (No 2)[2025] FCA 1425 - jurisdiction; the s 1337D Corporations Act ouster - with P Dunning KC; ASIC's application to dismiss refused, indemnity costs
  • Mineralogy Pty Ltd v Sino Iron Pty Ltd [No 19] [2025] WASC 234 - indemnity and special costs of the Royalty Component B trial; delay - with P Dunning KC; special costs orders refused for delay
  • Palmer v Australian Securities and Investments Commission[2025] FCA 1025 - limits on ASIC's compulsory examination powers; strike-out - with P Dunning KC; strike-out refused, leave to amend granted
  • Palmer v Gibson (No 2) [2025] QSC 187 - costs - with D Villa SC for Mr Palmer; indemnity costs refused, standard costs only
  • Palmer v Gibson [2025] QSC 169 - Human Rights Act 2019 (Qld); misfeasance; fragmentation of the criminal process - with D Villa SC; pleading struck out, action stayed
  • Sino Iron Pty Ltd v Mineralogy Pty Ltd [No 12] [2025] WASC 154 - discovery during trial; senior executives' emails - with P Dunning KC for Mineralogy; inspection ordered with costs
  • Palmer v Shipton [2025] FCA 641 - leave to appeal a summary dismissal - with P Dunning KC for Mr Palmer; application referred to a Full Court
  • Palmer v Magistrate McKenzie [2025] QSC 127 - judicial review; ADJR Act exclusions - with P Dunning KC for Mr Palmer; one limb transferred to the Federal Court, the rest dismissed
  • Sino Iron Pty Ltd v Mineralogy Pty Ltd [No 9] [2025] WASC 126 - legal professional privilege; dominant purpose; more than 900 documents - with P Dunning KC; inspection of seven of fifteen samples ordered
  • Sino Iron Pty Ltd v Mineralogy Pty Ltd [No 8] [2025] WASC 105 - further discovery of senior CITIC executives' inboxes - with P Dunning KC for Mineralogy; orders made
  • Sino Iron Pty Ltd v Mineralogy Pty Ltd [No 7] [2025] WASC 103 - view of an operating mine during trial; O 34 r 7 - with P Dunning KC; view ordered on the conditions Mineralogy sought
  • Sino Iron Pty Ltd v Mineralogy Pty Ltd [No 5] [2025] WASC 35 - relevance redactions in discovery (8,286 of 115,882 documents) - with P Dunning KC; found excessive, removal ordered
  • Palmer v Shipton [2025] FCA 273 - misfeasance in public office; summary dismissal - with P Dunning KC for Mr Palmer; proceedings dismissed with costs
  • Sino Iron Pty Ltd v Mineralogy Pty Ltd [No 4] [2025] WASC 25 - expert evidence; questions for the parties' mining experts - with P Dunning KC; Mineralogy's schedule of objections adopted
  • Sino Iron Pty Ltd v Mineralogy Pty Ltd [No 3] [2024] WASC 486 - trial directions in multi-proceeding litigation - with P Dunning KC; 13-day trial listed, Mineralogy's sequencing accepted
  • Park, in the matter of Queensland Nickel Pty Ltd (in liq) (Statutory Interest)[2024] FCA 1300 - s 563B Corporations Act; "admitted debt or claim" - with P Dunning KC for the joint venturers; order made as they proposed
  • Palmer v CITIC Ltd [No 14] [2024] WASC 341 - discovery; blanket privilege objections; $1.95 billion indemnity actions - with P Dunning KC; "Fulcrum" discovery ordered
  • Palmer v CITIC Ltd [No 13] [2024] WASC 325 - strike-out of defences; particulars; indemnity claims in excess of $4 billion - with P Dunning KC; applications dismissed
  • Palmer v Australian Securities and Investments Commission[2024] FCA 1167 - abuse of process; challenge to a 2016 ASIC examination - with P Dunning KC for Mr Palmer; proceeding stayed pending the prosecutions
  • Palmer v CITIC Ltd [No 11] [2024] WASC 210 - discovery enforcement; "discovery audit affidavit" - with P Dunning KC; audit affidavit refused as premature
  • Mensink v Registrar of the Federal Court of Australia [2024] FCAFC 124 - contempt; submission to jurisdiction; trial in absentia - with P Dunning KC for Clive Mensink; appeal dismissed with costs
  • Registrar of the Federal Court of Australia v Mensink (Stay Application)[2023] FCA 1581 - contempt; substituted service; trial in absentia - with P Dunning KC, and alone on 5 September 2023; stay application dismissed
  • Mineralogy Pty Ltd v Sino Iron Pty Ltd [No 2] [2023] WASC 150 - pleading a $18.6 million claim for "administration" costs - with D Villa SC for Mineralogy; largely struck out
  • Sino Iron Pty Ltd v Mineralogy Pty Ltd [No 15] [2023] WASC 56 - 33-day trial; implied terms and good faith under a State Agreement - with P Dunning KC for Mineralogy; CITIC parties' claims dismissed save on one issue
  • Palmer v CITIC Ltd [No 5] [2023] WASC 44 - case management; conferral practice - with P Dunning KC; objection to 56 pages of annexed conferral correspondence upheld
  • Vannin Capital Operations Limited v QNI Resources Pty Ltd[2023] QSC 1 - four-day trial; aircraft-loan guarantee; agency of a joint venture manager - with P Dunning KC; US$30.8 million judgment against the venturers
  • Park, in the matter of Queensland Nickel Pty Ltd (in liq) (No 3)[2022] FCA 1301 - contested judicial advice over the $102.9 million judgment sum; four-day hearing - with P Zappia KC; challenges rejected
  • Electoral Commission of Queensland v Palmer Leisure Australia Pty Ltd[2022] QSC 169 - prohibited political donors; "property developer" - with P Dunning QC; summary judgment refused, a question of fact for trial
  • Mineralogy Pty Ltd v Adani Mining Pty Ltd [2022] QSC 154 - injunction against an expert determination under a royalty deed - with P Dunning QC for Mineralogy; application dismissed
  • Park, in the matter of Queensland Nickel Pty Ltd (in liq)[2022] FCA 667 - late amendment; breach-of-trust allegations about the Mineralogy loan - with P Zappia QC; amendments allowed in part
  • Queensland Nickel Sales Pty Ltd v Queensland Nickel Pty Ltd (in liq) (No 3)[2022] FCA 564 - s 471B leave to proceed; injunction over at least $151 million of trust property - with P Dunning QC; leave and injunction refused
  • Queensland Nickel Sales Pty Ltd v Queensland Nickel Pty Ltd (in liquidation) (No 2)[2022] FCA 225 - leave to proceed; costs of a recast application - with P Dunning QC; dismissed as framed, indemnity costs ordered forthwith
  • Queensland Nickel Sales Pty Ltd v Queensland Nickel Pty Ltd (in liquidation)[2022] FCA 112 - discontinuance; r 26.12 Federal Court Rules; conditions on leave - with P Dunning QC; leave granted nunc pro tunc, indemnity costs
  • Sino Iron Pty Ltd v Mineralogy Pty Ltd [No 14] [2022] WASC 476 - mid-trial amendment (day 25 of the 2017 MCP trial); Aon principles - with P Dunning KC for Mineralogy; application refused
  • Sino Iron Pty Ltd v Mineralogy Pty Ltd [No 13] [2022] WASC 475 - discovery during trial of opposing lawyer communications - with P Dunning KC for Mineralogy; refused on case-management grounds
  • Sino Iron Pty Ltd v Mineralogy Pty Ltd [No 12] [2022] WASC 474 - evidence; technical reports as business records under s 79C Evidence Act 1906 (WA) - with P Dunning KC; objections overruled
  • Sino Iron Pty Ltd v Mineralogy Pty Ltd [No 11] [2022] WASC 473 - summary judgment out of time; novel statutory defence raised mid-trial - with P Dunning KC for Mineralogy; leave refused
  • Sino Iron Pty Ltd v Mineralogy Pty Ltd [No 10] [2022] WASC 472 - view of a remote mine site during trial - with P Dunning KC for Mineralogy; CITIC plaintiffs' application refused
  • Sino Iron Pty Ltd v Mineralogy Pty Ltd [No 9] [2022] WASC 471 - first-day stay application in the ten-week 2017 MCP trial - with P Dunning KC for Mineralogy; stay refused
  • Palmer v CITIC Ltd [No 8] [2023] WASC 221 - pleading causation in indemnity claims "in excess of $4 billion" - with P Dunning KC; leave to amend granted in part
  • Palmer v CITIC Ltd [No 7] [2023] WASC 202 - strike-out of replies in $1.8 billion and $2.675 billion indemnity claims; Anshun - with P Dunning KC; strike-out dismissed
  • Sino Iron Pty Ltd v Mineralogy Pty Ltd [No 7] [2022] WASC 25 - pre-trial "health check" three weeks before a ten-week trial - with P Dunning QC for Mineralogy; application to vacate refused
  • Mineralogy Pty Ltd v Sino Iron Pty Ltd [2021] WASC 45 - six-day trial; mine-closure security funding; $529 million claim; removal of a trustee - with P Dunning QC; claim and counterclaim dismissed
  • Sino Iron Pty Ltd v Mineralogy Pty Ltd [No 6] [2021] WASC 475 - consolidation of a fresh CITIC action two months before trial - with P Dunning QC for Mineralogy; consolidation ordered
  • Sino Iron Pty Ltd v Mineralogy Pty Ltd [No 5] [2021] WASC 473 - ruling on the papers in the lead-up to the ten-week 2017 MCP trial - with P Dunning QC for Mineralogy and Mr Palmer
  • Sino Iron Pty Ltd v Mineralogy Pty Ltd [No 4] [2021] WASC 451 - late amendment; forensic prejudice - with P Dunning QC for Mineralogy; CITIC plaintiffs' amendments allowed on terms
  • Sino Iron Pty Ltd v Mineralogy Pty Ltd [No 3] [2021] WASC 384 - strike-out; recycled collateral-purpose allegations - with P Dunning QC; repositioned pleas struck out, factual pleas allowed
  • CITIC Ltd v Mineralogy Pty Ltd [No 7] [2021] WASC 371 - costs after the China Project Option Agreement trial; apportionment by hearing day - with P Dunning QC; indemnity costs confined
  • Johnston v Commissioner of Police; Witthahn v Chief Executive of Hospital and Health Services and Director General of Queensland Health[2021] QSC 275 - judicial review of COVID-19 vaccination directions; standing; Industrial Relations Commission jurisdiction - with D Villa SC; applications to proceed in part
  • Registrar of the Federal Court of Australia v Mensink [2021] FCA 1152 - contempt; summary dismissal of a charge; the Registrar's purpose in prosecuting - with P Dunning QC; dismissed with costs
  • Sino Iron Pty Ltd v Mineralogy Pty Ltd [No 2] [2021] WASC 170 - summary dismissal of a permanent-stay application; collateral purpose - with P Dunning QC; stay application dismissed
  • Electoral Commission of Queensland v Palmer Leisure Australia Pty Ltd[2021] QSC 33 - procedure in regulatory proceedings; "property developer" declaration - with P Dunning QC; proceeding to continue on pleadings
  • Citic Ltd v Mineralogy Pty Ltd [No 6] [2021] WASC 144 - settling specific-performance orders; warranties in the Balmoral Iron takeover agreement - with P Dunning QC; objections rejected
  • CITIC Ltd v Mineralogy Pty Ltd [No 5] [2021] WASC 89 - four-day trial; specific performance of a US$200 million option over a further billion tonnes of magnetite - with P Dunning QC; order settled
  • CITIC Ltd v Mineralogy Pty Ltd [No 4] [2020] WASC 439 - eve-of-trial "health check" - with P Dunning QC for Mineralogy; new "Fulcrum" plea struck out, further discovery refused
  • Coeur De Lion Investments Pty Limited v The President's Club Limited (No 3)[2020] FCA 1848 - class action settlement implementation in the Coolum Resort litigation - with P Dunning QC; timetable fixed
  • Sino Iron Pty Ltd v Mineralogy Pty Ltd [2020] WASC 311 - strike-out of historic-breach defences - with P Dunning QC for Mineralogy and Mr Palmer; pleas struck out in part
  • QNI Metals Pty Ltd v Vannin Capital Operations Ltd[2020] QSC 292 - barrister acting against a former client; preliminary discovery - with P Dunning QC; application dismissed
  • Mineralogy Pty Ltd v The State of Western Australia [2020] QSC 344 - ex parte enforcement of arbitral awards against a State; duty of candour - with D O'Sullivan QC for Mineralogy; order set aside
  • QNI Metals Pty Ltd v Vannin Capital Operations Ltd[2020] QSC 238 - recusal; apprehended bias - with P Dunning QC for QNI Metals and QNI Resources; recusal refused
  • Mineralogy Pty Ltd v Sino Iron Pty Ltd [2020] WASC 40 - permanent stay; UBS AG v Tyne; Anshun; US$200 million royalty claim - with L Livingston and T March; action permanently stayed
  • Sino Iron Pty Ltd v Mineralogy Pty Ltd [2019] FCA 675 - cross-vesting; transfer of a multi-forum dispute to the WA Supreme Court - with Dr C Ward SC for Mineralogy; transfer ordered
  • Mineralogy Pty Ltd v Sino Iron Pty Ltd [No 18] [2018] WASC 307 - undertaking as to damages; US$1.26 million exchange-rate loss claim - with T Bradley QC for Mineralogy; application dismissed
  • Mineralogy Pty Ltd v Sino Iron Pty Ltd [No 17] [2018] WASC 8 - entry of judgment after the Royalty Component B trial - with T Bradley QC for Mineralogy; judgment entered, US$153.9 million against CITIC alone
  • Parbery v QNI Metals Pty Ltd [2018] QSC 107 - freezing orders in aid of claims exceeding $200 million - with K Barlow QC for seven Palmer group companies; orders made
  • Parbery v QNI Metals Pty Ltd [2017] QSC 231 - recusal; adjournment of a freezing-order application - with K Barlow QC and D O'Sullivan QC; Mr Palmer's applications dismissed
  • Mineralogy Pty Ltd v Sino Iron Pty Ltd [No 16] [2017] WASC 340 - ten-day trial; construction of a long-term royalty formula - with T Bradley QC for Mineralogy; judgment for US$149,413,470
  • Mineralogy Pty Ltd v Sino Iron Pty Ltd [No 14] [2017] WASC 17 - mandatory interlocutory injunctions to pay US$29.8 million in disputed royalties - with T Bradley QC; orders made (later set aside on appeal)

Kris Byrne, Barrister at Law

Level 15, Inns of Court, 107 North Quay, Brisbane, Queensland

+61 7 3210 1348

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