PILBARA IRON ORE PTY LTD -v- AMMON [2008] WASCA 202
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2008] WASCA 202 | |
| THE COURT OF APPEAL (WA) | |||
| Case No: | CACV:59/2008 | 18 SEPTEMBER 2008 | |
| Coram: | WHEELER JA BEECH AJA | 9/10/08 | |
| 20 | Judgment Part: | 1 of 1 | |
| Result: | Leave to appeal granted on ground 1(a), leave otherwise refused Appeal dismissed | ||
| 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
- BEECH AJA
- 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…
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- Case
- [2008] WASCA 202
- Decision Date
CaseChat Overview and Summary
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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