PILBARA IRON ORE PTY LTD -v- AMMON [2008] WASCA 202

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2008] WASCA 202
Court:	THE COURT OF APPEAL (WA)
Case No:	CACV:59/2008	Heard:	18 SEPTEMBER 2008
Coram:	WHEELER JA BEECH AJA	Delivered:	9/10/08
No of pages:	20	Judgment Part:	1 of 1
Result:	Leave to appeal granted on ground 1(a), leave otherwise refused Appeal dismissed
Category:	B
PDF Version

Parties:	PILBARA IRON ORE PTY LTD (ACN 100 410 295) DEREK NOEL AMMON DIRECTOR GENERAL OF MINES
Catchwords:	Practice and procedure Proceedings in another court with concurrent jurisdiction Whether stay of proceedings in Supreme Court should be ordered Whether any substantial injustice flows from order granting stay of Supreme Court proceedings Whether superior court with concurrent jurisdiction should determine complex issues in preference to inferior court Mining Act 1978 (WA) Jurisdiction of Warden Whether proceedings arise in respect of the title to or ownership of a mining tenement
Legislation:	Mining Act 1978 (WA) s 132(1)
Case References:	Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170 Australian Associated Motor Insurers Ltd v NRMA Insurance Ltd [2002] FCA 1061; (2002) 124 FCR 518 Boyd v Halstead; ex parte Halstead [1985] 2 Qd R 249 Global Doctor Ltd v Hodgkinson [2003] WASCA 119; (2003) 28 WAR 286 House v The King (1936) 55 CLR 499 L & W Developments Pty Ltd v Della [2003] NSWCA 140; (2003) 135 IR 118 O'Grady v Northern Queensland Co Ltd (1990) 169 CLR 356 Sterling Pharmaceuticals Pty Ltd v The Boots Company (Australia) Pty Ltd (1992) 34 FCR 287 Tiufino v Warland [2000] NSWCA 110; (2000) 50 NSWLR 104 Wiltrading (WA) Pty Ltd v Lumley General Insurance Ltd [2005] WASCA 106; (2005) 30 WAR 290

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CIVIL

TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : PILBARA IRON ORE PTY LTD -v- AMMON [2008] WASCA 202 CORAM : WHEELER JA

BEECH AJA

HEARD : 18 SEPTEMBER 2008 DELIVERED : 9 OCTOBER 2008 FILE NO/S : CACV 59 of 2008 BETWEEN : PILBARA IRON ORE PTY LTD (ACN 100 410 295)

Appellant

AND

DEREK NOEL AMMON

First Respondent

DIRECTOR GENERAL OF MINES

Second Respondent

ON APPEAL FROM:

Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA

Coram : TEMPLEMAN J

Citation : PILBARA IRON ORE PTY LTD v AMMON [2008] WASC 108

File No : CIV 1310 of 2008

(Page 2)

Catchwords:

Practice and procedure - Proceedings in another court with concurrent jurisdiction - Whether stay of proceedings in Supreme Court should be ordered - Whether any substantial injustice flows from order granting stay of Supreme Court proceedings - Whether superior court with concurrent jurisdiction should determine complex issues in preference to inferior court

Mining Act 1978 (WA) - Jurisdiction of Warden - Whether proceedings arise in respect of the title to or ownership of a mining tenement

Legislation:

Mining Act 1978 (WA) s 132(1)

Result:

Leave to appeal granted on ground…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2008] WASCA 202
Decision Date: 9 OCTOBER 2008

CaseChat Overview and Summary

Pilbara Iron Ore Pty Ltd appealed against an order that stayed its proceedings in the Supreme Court in favour of arbitration proceedings in the Mining Titles Tribunal. The matter before the court was whether the order granting the stay should be affirmed, whether the stay would cause any substantial injustice, and whether the Supreme Court should determine complex issues in preference to the Tribunal.

The court considered the statutory framework governing the Mining Titles Tribunal and the Supreme Court. The Tribunal had exclusive jurisdiction over certain matters, including disputes concerning the title to or ownership of a mining tenement. The court found that the matters before the Tribunal fell within its jurisdiction and that the Supreme Court should not exercise its concurrent jurisdiction in this case. The court held that there would be no substantial injustice in staying the Supreme Court proceedings in favour of arbitration and that the Tribunal was better suited to determine the complex issues involved in this case.

The appeal was dismissed, with leave to appeal being granted on one ground only.

Orders

Orders of the court

Leave to appeal granted on ground 1(a), leave otherwise refused

Appeal dismissed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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