Moly Metals Australia Pty Ltd; Kallenia Mines Pty Ltd/State of Western Australia/Angus Abdullah and Others on behalf of Njamal

The case before the Federal Court involved Moly Metals Australia Pty Ltd and Kallenia Mines Pty Ltd, which sought a determination for the grant of mining leases over land claimed by the Njamal native title group in Western Australia. The State of Western Australia, along with Angus Abdullah and others on behalf of the Njamal, opposed the application. The core dispute centred on whether the named applicants could be excluded from the decision-making process and whether the determination could proceed with the consent of the native title party as a whole.

The central legal issues addressed by the court were whether the named applicants, who had not signed the agreements, could be excluded from the process, and whether the consent of the native title party as a whole was sufficient for the determination that the act may be done, specifically for the grant of mining leases. The court had to determine the extent to which the native title determination process could proceed without the consent of all parties named in the agreement and whether the consent of the majority was sufficient.

The court concluded that the named applicants could indeed be excluded from the decision-making process as long as the consent of the native title party as a whole was obtained. The court found that the native title party's consent, even if not unanimous, was sufficient to proceed with the determination. This decision was based on the principle that the consent of the majority of the native title holders represented the best interests of the native title party as a whole. The court determined that the determination could proceed, allowing for the grant of mining leases over the contested land.

In light of the above, the court granted the application for the determination that the act may be done, permitting the grant of mining leases over the land in question. The orders confirmed that the consent of the native title party as a whole, represented by the majority of the native title holders, was sufficient to proceed with the determination.