Century Metals and Mining NL v Yeomans

Re: CENTURY METALS AND MINING NL
And: ROBERT J YEOMANS, THE LIQUIDATOR OF THE PHOSPHATE MINING
CORPORATION OF CHRISTMAS ISLAND and THE MINISTER FOR ARTS AND
TERRITORIES
No. WA G25 of 1989
FED No. 383
Administrative Law
100 ALR 383
(1989) 40 FCR 564

COURT

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION
Fisher(1), Wilcox(1) and Spender(1) JJ.

CATCHWORDS

Administrative Law - Winding up of Commonwealth mining operation - Selection of private operator to take over Commonwealth assets and to commence mining - Promise by Minister of independent, impartial and thorough inquiry - Liquidator of Commonwealth company appointed to enquire - Whether liquidation inquiry constituted an independent, impartial and thorough inquiry - Natural justice - Proper exercise of Court's discretion as to setting aside decisions.

Phosphate Mining Corporation of Christmas Island (Winding Up) Ordinance 1987 ss.10, 14, 15, 58, 59.

Lands Ordinance 1987 (Christmas Island) s.5.

Administrative Decisions (Judicial Review) Act 1977, s.5, 16.

HEARING

SYDNEY

#DATE 25:7:1989

Counsel for the Appellant: Mr R J Ellicott QC with

Mr R L Le Miere

Solicitors for the Appellant: Mallesons Stephen Jaques

Counsel for the First
Respondent: Mr D G Williamson QC with

Mr A L Cavanough

Solicitors for the First
Respondent: Sly & Weigall

Counsel for the Second
Respondent: Mr D Williams QC with Mr P. Macliver

Solicitors for the Second
Respondent: Australian Government Solicitor

ORDER

The appeal be allowed.

The orders made by French J on 23 March 1989 be set aside and in lieu thereof it be ordered that:

(a) the decision of the first respondent to make the recommendations contained in his report to the second respondent dated 23 May 1988 be set aside;

(b) the decision of the second respondent of 1 July 1988 to commence negotiations with Elders Resources Limited about recommencing mining on Christmas Island be set aside;

(c) the matter of mining on Christmas Island be remitted to the second respondent for further consideration; and

(d) the respondents pay to the applicants their costs of the proceeding.

The respondents pay to the appellant its costs of the appeal.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

JUDGE1

This is an appeal against a decision of a Judge of the Court (French J) dismissing an application for review, made under the Administrative Decisions (Judicial Review) Act 1977, of various decisions made by Robert J Yeomans, the first respondent, and the Minister for Arts and Territories, the second respondent. Mr Yeomans is the liquidator of an entity known as Phosphate Mining Corporation of Christmas Island ("PMCI").

1. The applicants, at first instance, were Century Metals and Mining NL ("Century") and The Union of Christmas Island Workers ("UCIW"). Both applicants appealed against the dismissal of their application but, a day or two before the commencement of the hearing of the appeal, UCIW discontinued its appeal. The appeal by Century was maintained and fully argued.
   The proceedings at first instance

2. The hearing at first instance was…