Mineralogy and Sino Iron – Clive Palmer’s Company Loses Appeal (and Early Payment)

    View Authors June 2017

    In April 2017, the WA Court of Appeal overturned a first instance decision in favour of the Clive Palmer company, Mineralogy Pty Ltd, thereby overturning an award in favour of Mineralogy for early payment before trial of US$10.7 million: Sino Iron Pty Ltd v Mineralogy Pty Ltd [No 2] [2017] WASCA 76.

    This loss comes on the back of a case we reported on earlier that month where the Federal Court of Appeal found against Mineralogy Pty Ltd. Both appeal decisions relate to the long running dispute between Mineralogy and Sino Iron Pty Ltd over the Sino Iron ore project in the Pilbara region of Western Australia.

    In its judgment, the WA Court of Appeal has clarified the equitable principles that apply to mandatory injunctions for the payment of money pending trial. This decision ought to alert companies to the high threshold that must be reached when seeking to enforce contractual rights and obtain early payment of monies due under a contract by means of an interlocutory injunction while the case awaits a final determination from the court.