Willmott & Anor v Ilmenite Pty Ltd

James Robert Willmott and another party sought special leave to appeal to the High Court of Australia from a decision of the Full Court. The dispute concerned the proper construction of a deed executed in 1968, which granted rights relating to land. The primary respondent was Ilmenite Pty Ltd, with the Registrar of Titles being a nominal party.

The central legal issues before the High Court were the proper interpretation of the deed, specifically whether it conferred a right to search for minerals in addition to the right to conduct mining operations. The court was also required to determine the duration of the granted rights and the effect of certain provisos within the deed.

The Full Court had construed the deed as granting a right to carry on mining operations, but not an express right to search, despite a recital mentioning searching. However, the Full Court found an implied right to search. The operative part of the deed granted rights for 30 years, subject to a requirement for 90 days' written notice before commencing mining operations. A crucial proviso stipulated that mining operations must be completed within five years of commencement, at which point the licence would be determined. The Full Court characterised this as an immediate grant of a licence to use and occupy, limited to a period of five years, but ambulatory within the overall 30-year period.