RE HER HONOUR WARDEN RICHARDSON SM; EX PARTE PRECIOUS METALS AUSTRALIA LTD [2006] WASC 192

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2006] WASC 192
Case No:	CIV:1443/2006	Heard:	16 AUGUST 2006
Coram:	BLAXELL J	Delivered:	31/08/06
No of pages:	16	Judgment Part:	1 of 1
Result:	Orders nisi for writs of Mandamus and Certiorari
Category:	B
PDF Version

Parties:	PRECIOUS METALS AUSTRALIA LTD WMC RESOURCES LTD
Catchwords:	Prerogative writs Prohibition, Mandamus, and Certiorari Applications for orders nisi Whether or not an arguable case for each Mines and minerals Mineral claims granted under Mining Act 1904 continuing in force under s 5 of Mining Act 1978 Applications for exemption from labour conditions Lodgment of objections after time fixed by Mining Registrar Whether or not objections validly lodged Whether or not Warden had power to extend time
Legislation:	Mining Act 1904 - 1968 (WA), s 26, s 31, s 32, s 232 and s 241 Mining Act Regulations 1925 - 1968 (WA), reg 50, reg 55, reg 172, reg 173 and reg 242
Case References:	Hazlett v Rasmussen [1973] WAR 141 Minister for Immigration and Ethnic Affairs v Kurtovic (1990) 21 FCR 193 Murphy v McNair (1905-1906) 8 WALR 140 R v Harlock [1974] WAR 101 Re Calder; Ex parte Gardner (1999) 20 WAR 525 Re Capobianco; Ex parte Castelli, unreported; SCt of WA; Library No 980567; 25 September 1998 Smith v Liebig [1923] WAR 26 Attorney-General v Cohen [1937] 1 KB 478 Bakker v City of Nedlands [2005] WASAT 106 Canadian Pacific Tobacco Co Ltd v Stapleton (1952) 86 CLR 1 Craig v South Australia (1995) 184 CLR 163 Director of Public Prosecutions v Fowler (1984) 55 ALR 175 Kabourakis v Medical Practitioners Board of Victoria [2005] VSC 493 King-Brooks v Roberts (1991) 5 WAR 500 Minister for Immigration and Ethnic Affairs v Bardwarj (2002) 209 CLR 597 Minister for Immigration and Ethnic Affairs v Watson [2005] FCFCA 181 Parkes Rural Distributions v Glasson (1986) 7 NSWLR 332 Precious Metals Australia Ltd v Western Mining Resources Ltd [2006] WAMV 6 R v Judges of Federal Court of Australia (1979) 143 CLR 190 Re Thomas [1900] 1 Ch 454 Re Western Australian Planning Commission; Ex parte South Fremantle/Hamilton Hill Residents' Association Inc [2005] WASC 50

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CHAMBERS

CITATION : RE HER HONOUR WARDEN RICHARDSON SM; EX PARTE PRECIOUS METALS AUSTRALIA LTD [2006] WASC 192 CORAM : BLAXELL J HEARD : 16 AUGUST 2006 DELIVERED : 31 AUGUST 2006 FILE NO/S : CIV 1443 of 2006 MATTER : An application for writs of Prohibition, Mandamus or Certiorari against Her Honour S P Richardson SM of the Warden's Court, Meekatharra EX PARTE

PRECIOUS METALS AUSTRALIA LTD

Applicant

AND

WMC RESOURCES LTD

Respondent

Catchwords:

Prerogative writs - Prohibition, Mandamus, and Certiorari - Applications for orders nisi - Whether or not an arguable case for each

Mines and minerals - Mineral claims granted under Mining Act 1904 continuing in force under s 5 of Mining Act

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: [2006] WASC 192
Decision Date

CaseChat Overview and Summary

This is an application by Precious Metals Australia Ltd ("PMA") seeking prerogative relief in respect of a decision made by the Warden of the Meekatharra Warden's Court on 12 April 2006 concerning Applications for Exemption ME 78/056 and LE 195/056. The applications for exemption related to a group of 185 mineral claims straddling the boundary between the Meekatharra and Leonora mineral fields which were granted to the respondent ("WMC") under the Mining Act 1904-1968 ("the 1904 Act") prior to the commencement of the Mining Act 1978 ("the 1978 Act"). PMA lodged objections to the applications by WMC for continuing exemptions from working conditions, but these were dismissed by the Warden as having been lodged after the times fixed by the Mining Registrars. PMA contends that the Warden erred in law in dismissing its objections and now seeks orders for a writ of Mandamus and a writ of Certiorari. The court found that there was an arguable case that the Mining Registrars did not have the power to fix the time for the lodgement of objections, and that the Warden had the power to extend time for the lodgement of objections. Accordingly, the court made orders for writs of Mandamus and Certiorari.

Orders