RE GRAHAM ANSTEE-BROOK; EX PARTE KARARA MINING LTD [2012] WASC 129
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2012] WASC 129 | |
| Case No: | CIV:1364/2012 | 16 MARCH 2012 | |
| Coram: | LE MIERE J | 20/04/12 | |
| 11 | Judgment Part: | 1 of 1 | |
| Result: | Order nisi granted on two grounds Application for stay dismissed | ||
| B | |||
| PDF Version |
| Parties: | KARARA MINING LTD |
Catchwords: | Prerogative writ Certiorari Order nisi Stay of determination Turns on own facts |
Legislation: | Building and Construction Industry Payments Act 2004 (Qld) Construction Contracts Act 2004 (WA), s 4(2), s 4(3)(c), s 26, s 27, s 27(1), s 31(2), s 31(2)(b), s 46 Rules of the Supreme Court 1975 (WA), O 56 r 3(2) |
Case References: | Alexander v Cambridge Credit Corporation Ltd (Receivers Appointed) (1982) 2 NSWLR 685 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 JC Scott Constructions v Mermaid Waters Tavern Pty Ltd (No 2) [1983] 2 Qd R 255 R J Neller Building Pty Ltd v Ainsworth [2009] 1 Qd R 390 Re Graham Anstee-Brook; Ex Parte Mount Gibson Mining Ltd [2011] WASC 172 Re Her Honour Judge Schoombee; Ex Parte Attorney General for Western Australia [2011] WASC 23 Stampalia v The Stewards of the Western Australian Trotting Association [1999] WASC 7 Woodley v Minister for Indigenous Affairs [2009] WASC 251 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
KARARA MINING LTD
Applicant
Catchwords:
Prerogative writ - Certiorari - Order nisi - Stay of determination - Turns on own facts
Legislation:
Building and Construction Industry Payments Act 2004 (Qld)
Construction Contracts Act 2004 (WA), s 4(2), s 4(3)(c), s 26, s 27, s 27(1), s 31(2), s 31(2)(b), s 46
Rules of the Supreme Court 1975 (WA), O 56 r 3(2)
Result:
Order nisi granted on two grounds
(Page 2)
Application for stay dismissed
Category: B
Representation:
Counsel:
Applicant : Ms P E Cahill SC & Mr A D Bereyne
Solicitors:
Applicant : Jackson McDonald
Case(s) referred to in judgment(s):
Alexander v Cambridge Credit Corporation Ltd (Receivers Appointed) (1982) 2 NSWLR 685
Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389
JC Scott Constructions v Mermaid Waters Tavern Pty Ltd (No 2) [1983] 2 Qd R 255
R J Neller Building Pty Ltd v Ainsworth [2009] 1 Qd R 390
Re Graham Anstee-Brook; Ex Parte Mount Gibson Mining Ltd [2011] WASC 172
Re Her Honour Judge Schoombee; Ex Parte Attorney General for Western Australia [2011] WASC 23
Stampalia v The Stewards of the Western Australian Trotting Association [1999] WASC 7
Woodley v Minister for Indigenous Affairs [2009] WASC 251
(Page 3)
1 LE MIERE J:…
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- Case
- [2012] WASC 129
- Decision Date
CaseChat Overview and Summary
The central legal issues that the court needed to address were whether the mining inspector's decision was amenable to judicial review and, if so, whether the court should grant the application for a prerogative writ of certiorari. The court also had to consider whether a stay of the determination of the application should be granted to allow for the lodging of an appeal by the mining inspector. The arguments hinged on the scope of judicial review in administrative decisions and the principles governing the issuance of prerogative writs.
The court found that the mining inspector's decision was indeed amenable to judicial review. However, it concluded that the application for a prerogative writ of certiorari should not be granted on the basis that the matter turned on its own unique facts and circumstances. Additionally, the court dismissed the application for a stay, determining that it was not in the interests of justice to grant such a stay. Consequently, the order nisi was granted on the two specified grounds, and the application for a stay was dismissed.
Orders
Orders of the court
Order nisi granted on two grounds
Application for stay 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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