Mentech Resources Pty Ltd v MCG Resources Pty Ltd (In Liq) & Ors
[2011] QLC 59
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- Unreported Judgment
- Appeal Determined (QCA)
- Mentech Resources Pty Ltd v MCG Resources Pty Ltd (In Liq) & Ors[2011] QLC 59WA Isdale
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Mentech Resources Pty Ltd v MCG Resources Pty Ltd (In Liq) & Ors[2011] QLC 59
Mentech Resources Pty Ltd v MCG Resources Pty Ltd (In Liq) & Ors[2011] QLC 59
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Editorial Notes
- Published Case Name:
Mentech Resources Pty Ltd v MCG Resources Pty Ltd (In Liq) & Ors
- Shortened Case Name:
Mentech Resources Pty Ltd v MCG Resources Pty Ltd (In Liq) & Ors
- MNC:
[2011] QLC 59
- Court:
QLC
- Judge(s):
WA Isdale
- Date:
15 Sep 2011
Litigation History
| Event | Citation or File | Date | Notes |
|---|---|---|---|
| Primary Judgment | [2011] QLC 59 | 15 Sep 2011 | MCG entered an agreement to acquire an exploration permit from Burt, Galway and Kirkby (BGK). MCG lodged a caveat forbidding dealing in the permit and obtained an order from the Court to that effect. BGK entered into another agreement to sell the same permit to Mentech. Mentech also lodged a caveat and obtained a court order to the same effect. MCG applied to remove Mentech's caveat. Ordered that both caveats be removed: Member Isdale. |
| Primary Judgment | [2011] QLAC 8 | 20 Sep 2011 | Stay of the orders made 15 September 2011 pending appeal granted: McMeekin J, CAC MacDonald, President, Member PA Smith. |
| Primary Judgment | [2012] QLAC 1 | 10 Feb 2012 | In Mentech's appeal it was found that the MCG contract to acquire the exploration permit remained on foot. MCG had a better equity than Mentech. Appeal dismissed and the stay was lifted: McMeekin J, CAC MacDonald, President, Member PA Smith. |
| Primary Judgment | [2012] QLAC 2 | 06 Mar 2012 | Mentech was ordered to pay MCG's costs of the appeal to the Land Appeal Court: McMeekin J, CAC MacDonald, President, Member PA Smith. |
| QCA Interlocutory Judgment | CA2692/12 (No citation) | 04 May 2012 | Application for security for costs of the appeal to the Court of Appeal. Ordered that Mentech provide security for costs by 4 pm on 21 May 2012 otherwise the appeal was dismissed: Holmes JA |
| QCA Interlocutory Judgment | [2012] QCA 197 | 25 Jul 2012 | Mentech did not comply with the terms of the order made by Holmes J on 4 May 2012. Application to set aside aside the judgment by default arising in consequence of the operation of the order of 4 May 2012. Judgment set aside and time for compliance with the obligation to provide security for costs extended: Muir JA. |
| Appeal Determined (QCA) | [2013] QCA 79 | 12 Apr 2013 | Mentech's application for leave to appeal from the Land Appeals Court dismissed: McMurdo P, Gotterson JA, Fryberg J. |
Appeal Status
Appeal Determined (QCA)
Cases Cited
| Case Name | Full Citation | Frequency |
|---|---|---|
| AG(CQ) Pty Ltd v A&T Promotions Pty Ltd | [2011] 1 Qd R 306; [2010] QCA 83 | 4 citations |
| Anning v Anning | (1907) 4 CLR 1049 | 7 citations |
| Black v Garnock | (2007) 230 CLR 438 | 5 citations |
| Brown v Heffer | (1967) 116 CLR 344 | 2 citations |
| Cherwell Creek Coal Pty Ltd v BHP Queensland Coal Investments Pty Ltd & Ors (No. 4) | [2010] QLC 122 | 3 citations |
| Colgate-Palmolive v Cussons | (1993) 118 ALR 248 | 2 citations |
| Dougan v Ley | (1946) 71 CLR 142 | 2 citations |
| Foran v Wight | (1989) 168 CLR 385 | 2 citations |
| Grange v Sullivan | (1966) 116 CLR 418 | 1 citation |
| JNJ Investments Australia Pty Ltd v Sunnyville Pty Ltd | [2006] QSC 138 | 3 citations |
| News Limited v Australian Rugby Football League Ltd | (1996) 64 FCR 410 | 3 citations |
| Perri v Coolangatta Investment Pty Ltd | (1982) 149 CLR 537 | 4 citations |
| Platzer v Commonwealth Bank of Australia | [1997] 1 Qd R 266 | 4 citations |
| Re CM Group Pty Ltd's Caveat | [1986] 1 Qd R 381 | 2 citations |
| Sattel v The Proprietors Be Bee's Tropical Apartments Building Units | [2002] 2 Qd R 427; [2001] QCA 560 | 2 citations |
| Tanwar Enterprises Pty Ltd v Cauchi | (2003) 217 CLR 315 | 3 citations |
| TEC Desert Pty Ltd v Commissioner of State Revenue (WA) | (2010) 241 CLR 576 | 2 citations |
| Titan Sandstone Pty Ltd v ChongHerr Investments Pty Ltd | (2008) 29 QLCR 242 | 2 citations |
Cases Citing
| Case Name | Full Citation | Frequency |
|---|---|---|
| MCG Resources Pty Ltd v Burt | [2012] QLC 32 | 1 citation |
| MCG Resources Pty Ltd v Greywolf Resources NL | [2012] QLC 21 | 3 citations |
| Mentech Resources Pty Ltd v MCG Resources Pty Ltd | [2012] QLAC 1 | 4 citations |
| Mentech Resources Pty Ltd v MCG Resources Pty Ltd (in liq) | [2013] QCA 79 | 1 citation |