Australis Exploration Pty Ltd v Cst Minerals Lady Annie Pty Ltd; Cst Minerals Lady Annie Pty Ltd v Australis Exploration Pty Ltd

The parties involved in this case are Australis Exploration Pty Ltd and Cst Minerals Lady Annie Pty Ltd. The dispute centres around the validity and removal of caveats lodged over exploration permits by Australis on tenements held by Cst Minerals. The case was heard in the Supreme Court of Western Australia. Australis applied for the continuation of the caveats, while Cst Minerals sought their removal. The crux of the matter hinges on an alleged agreement between the parties to assign phosphate mining rights on the tenements, which Australis claims to support its right to maintain the caveats.

The court was required to decide whether Australis had established a prima facie case for maintaining the caveats and whether there was sufficient evidence of the alleged agreement. Additionally, the court needed to assess the balance of convenience to determine whether the caveats should remain in place or be removed. The relevant statutory provision, section 318AAZJ of the Mineral Resources Act 1989, stipulates the criteria for maintaining a caveat, including the existence of a prima facie case and the balance of convenience.

The court found that Australis had not established a prima facie case for the maintenance of the caveats. It was determined that there was insufficient evidence to support the existence of the alleged agreement. Furthermore, the balance of convenience favoured the removal of the caveats, as it would allow Cst Minerals to proceed with its mining activities without unnecessary hindrance. Consequently, the court ordered the removal of the caveats lodged by Australis over the exploration permits held by Cst Minerals.