Forrest & Forrest Pty Ltd v WilsonCitation:[2017] HCA 30Before:Kiefel CJ, Bell, Gageler, Keane, Nettle JJDate:17 Aug 2017Case Number:P59/2016Read more
Non-compliance with s 74(1)(ca)(ii) of the Mining Act 1978 (WA) does not invalidate the exercise of jurisdiction to progress a mining lease application through to grant.
- Parties
- Not specified
- Jurisdiction
- Australia
- Judgment Date
- 17 August 2017
- Procedural Posture
- Mining Lease Application / Judgment
- Outcome
- Application for mining lease not invalidated by non-compliance with s 74(1)(ca)(ii)
- Legal Topics
- Mining Lease Application, Statutory Conditions, Jurisdictional Error, Non Compliance With Statutory Requirements
Case Brief
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Parties
Not specified
Procedural Posture
Mining Lease Application / Judgment
Legal Issues
- 1 Proper construction of s 74(1)(ca)(ii) of Mining Act 1978 (WA)
- 2 Effect of non-compliance with s 74(1)(ca)(ii)
- 3 Whether non-compliance invalidates jurisdiction to grant mining lease
Ratio Decidendi
Non-compliance with s 74(1)(ca)(ii) of the Mining Act 1978 (WA) does not invalidate the exercise of jurisdiction to progress a mining lease application through to grant.
Court Disposition
Application for mining lease not invalidated by non-compliance with s 74(1)(ca)(ii)
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