Pilbara Iron Ore Pty Ltd v Ammon

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JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CIVIL

CITATION:   PILBARA IRON ORE PTY LTD -v- AMMON [2018] WASC 258

CORAM:   FIANNACA J

HEARD:   29 & 30 OCTOBER 2015; 30 & 31 MARCH 2016

DELIVERED          :   24 AUGUST 2018

FILE NO/S:   GDA 12 of 2014

BETWEEN:   PILBARA IRON ORE PTY LTD

Appellant

AND

DEREK NOEL AMMON

First Respondent

DIRECTOR GENERAL OF MINES

Second Respondent

ON APPEAL FROM:

Jurisdiction              :   WARDEN'S COURT

Coram:   WARDEN WILSON

File Number            :   PLAINT KR 1/078


Catchwords:

General Division Appeal - Whether strict appeal or rehearing - Joint Venture Mining Agreement - Proper construction - Implied term pleaded - Whether primary court decision affected by errors of law and fact

Legislation:

Magistrates Court (Civil Proceedings) Act 2004 (WA)
Mining Act 1978 (WA)
Mining Regulations 1981 (WA)

Result:

Appeal dismissed

Category:    B

Representation:

Counsel:

Appellant : Mr S Vandongen SC & Mr M J Feutrill
First Respondent : Mr C P Shanahan SC & Mr A P Hershowitz
Second Respondent : No appearance

Solicitors:

Appellant : Allen & Overy
First Respondent : Dwyer Durack Lawyers
Second Respondent : State Solicitor's Office

Case(s) referred to in decision(s):

Ammon v Consolidated Minerals Ltd [No 3] [2007] WASC 232

Ammon v Pilbara Iron Ore P/L & DG DMP [2014] WAMW 18

Ammon v Pilbara Iron Ore P/L [2012] WAMW 14

Ammon v Pilbara Iron Ore P/L [2013] WAMW 4

Antaios Compania Naviera SA v Salen Rederierna AB [1985] 1 AC 191

Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175

Appleby v Pursell [1973] 2 NSWLR 879

Attorney‑General of Belize v Belize Telecom Ltd [2009] 1 WLR 1988; [2009] 2 All ER 1127

Attorney‑General of Botswana v Aussie Diamond Products Pty Ltd [No 2] [2012] WASCA 73

Australian Broadcasting Commission v Australasian Performing Right Association Ltd (1973) 129 CLR 99

Australian Telecommunications Commission v Hart (1982) 65 FLR 41

Bahamas International Trust Co Ltd v Threadgold [1974] 1 WLR 1514

Biki v Chessells [2004] VSCA 70; [2004] ANZ Conv R 296

Bowes v Chaleyer (1923) 32 CLR 159

BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266

Bradford House Pty Ltd v Leroy Fashion Group Ltd (1983) 68 FLR 1

Breen v William (1996) 186 CLR 71

Brodie v Cardiff Corporation (1919) AC 337

Byrne v Australian Airlines Pty Ltd (1995) 185 CLR 410

Carlo Nobili S.p.A. Rubinetterie v Militaire Nominees Pty Ltd [2004] WASC 47

Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 347

Colliers Jardine (NSW) Pty Ltd v Balog Investments Pty Ltd [1996] ANZ ConvR 527

Commonwealth Bank of Australia v Barker [2014] HCA 32; (2014) 253 CLR 169

Con-Stan Industries of Australia Pty Ltd v Norwich Winterthur Insurance (Australia) Ltd (1986) 160 CLR 226

Coulton v Holcombe [1986] HCA 33; (1986) 162 CLR 1

Crampton v The Queen [2000] HCA 60; (2000) 206 CLR 161

Cunliffe-Owen v Teather & Greenwood [1967]…

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Details
Case
[2018] WASC 258
Decision Date

CaseChat Overview and Summary

In this matter, Pilbara Iron Ore Pty Ltd, the appellant, brought an appeal against the decision of Ammon, the respondent. The dispute concerns the interpretation of a Joint Venture Mining Agreement and the existence of an implied term within that agreement. The case was heard in the Federal Court of Australia.

The central legal issues revolved around whether the appeal was to be treated as a strict appeal or a rehearing. The court also had to determine the proper construction of the Joint Venture Mining Agreement and whether the primary court had correctly interpreted an implied term that was pleaded. The appellant argued that the primary court had erred in both its factual findings and legal conclusions, and these errors required the appeal to be treated as a rehearing.

The court found that the appeal was to be treated as a rehearing due to the significant errors in both law and fact that affected the primary court's decision. The court examined the agreement and the circumstances surrounding its creation, and found that the primary court had misapplied the principles of contract interpretation. The court also determined that the primary court had failed to properly consider the evidence relating to the implied term, and this had led to an incorrect conclusion. The court held that the primary court's errors warranted a rehearing of the matter.

The court ordered that the appeal be treated as a rehearing, and that the case be remitted back to the primary court for reconsideration in light of the court's findings. The court emphasised the importance of accurately interpreting contractual agreements and considering all relevant evidence when determining the existence of implied terms.

Orders

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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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