Peko Wallsend Ltd & Ors v The Honourable B. Cohen & Ors [1986] FCA 608

Peko Wallsend Ltd & Ors v The Honourable B. Cohen & Ors [1986] FCA 608

Given the centrality of the access issue and the legislative requirement to determine all matters in controversy, leave is granted to the applicants to amend their application to add new paragraphs 5A and 5B, subject to costs being reserved and respondents retaining the right to argue jurisdiction at a later date.

Parties
Applicant: EX PARTE PEKO WALLSEND LIMITED; Applicant: PEKO EXPLORATION LIMITED; Applicant: PEKO-WALLSEND OPERATIONS LIMITED; Applicant: ELECTROLYTIC ZINC COMPANY OF AUSTRALASIA LIMITED; First Respondent: THE HONOURABLE BARRY COHEN, Minister for Arts, Heritage & Environment; Second Respondent: DIRECTOR OF NATIONAL PARKS & WILDLIFE; Third Respondent: ATTORNEY-GENERAL FOR THE NORTHERN TERRITORY
Jurisdiction
Australia
Judgment Date
22 December 1986
Procedural Posture
Application for Judicial Review / Interlocutory (application to Amend)
Outcome
Leave granted to amend application as sought, costs reserved, matter stood over to a date to be fixed.
Legal Topics
Leave to Amend Application, Judicial Review, Access Rights Under Mining Tenements, Determination of All Matters in Controversy
Administrative Law Practice and Procedure Leave to Amend Application Judicial Review Access Rights Under Mining Tenements Determination of All Matters in Controversy

Case Brief

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Parties

EX PARTE PEKO WALLSEND LIMITED

Applicant

PEKO EXPLORATION LIMITED

Applicant

PEKO-WALLSEND OPERATIONS LIMITED

Applicant

ELECTROLYTIC ZINC COMPANY OF AUSTRALASIA LIMITED

Applicant

THE HONOURABLE BARRY COHEN, Minister for Arts, Heritage & Environment

First Respondent

DIRECTOR OF NATIONAL PARKS & WILDLIFE

Second Respondent

ATTORNEY-GENERAL FOR THE NORTHERN TERRITORY

Third Respondent

Procedural Posture

Application for Judicial Review / Interlocutory (application to Amend)

Legal Issues

  1. 1 Whether leave should be granted to amend the application to add new relief relating to access and mining rights under the Plan of Management
  2. 2 Whether the Federal Court should finally determine all matters in controversy between the parties under s.22 of the Federal Court of Australia Act 1976

Ratio Decidendi

Given the centrality of the access issue and the legislative requirement to determine all matters in controversy, leave is granted to the applicants to amend their application to add new paragraphs 5A and 5B, subject to costs being reserved and respondents retaining the right to argue jurisdiction at a later date.

Court Disposition

Leave granted to amend application as sought, costs reserved, matter stood over to a date to be fixed.

Orders

  • Grant leave to the applicants to amend their application by adding new paras.5A and 5B in the terms set out in these reasons for judgment.
  • Reserve costs.