Benggong v Bougainville Copper Pty Ltd [1971] HCA 31

Benggong v Bougainville Copper Pty Ltd [1971] HCA 31

The Warden's Court had jurisdiction under s. 56 of the Mining Ordinance 1928-1966 to assess compensation for the applicant's destroyed cocoa trees because damage caused by making an access road under or in anticipation of a lease for mining purposes was damage in respect of mining. Even if the assessment was generous or wrong, that did not amount to excess of jurisdiction and prohibition or certiorari could not be used as a disguised appeal against the amount assessed.

Jurisdiction
Australia
Procedural Posture
Appeal From the Supreme Court of the Territory of Papua and New Guinea Concerning Orders Nisi for Prohibition and Certiorari in Relation to a Mining Warden's Compensation Award / Special Leave Granted and Appeal Determined
Outcome
Appeal allowed with costs.
Legal Topics
["jurisdiction of Warden's Court" 'compensation for Economic Trees' 'lease for Mining Purposes' 'prohibition and Certiorari' 'statutory Construction of Mining Ordinance 1928 1966']
['mining Law' 'administrative Law' 'compensation for Damage to Private Land'] ["jurisdiction of Warden's Court" 'compensation for Economic Trees' 'lease for Mining Purposes' 'prohibition and Certiorari' 'statutory Construction of Mining Ordinance 1928 1966']

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Procedural Posture

Appeal From the Supreme Court of the Territory of Papua and New Guinea Concerning Orders Nisi for Prohibition and Certiorari in Relation to a Mining Warden's Compensation Award / Special Leave Granted and Appeal Determined

Legal Issues

  1. 1 ['Whether s. 56 of the Mining Ordinance 1928-1966 authorised compensation for damage caused by making an access road under or in anticipation of a lease for mining purposes.' "Whether the Warden's Court had jurisdiction to assess compensation for destruction of cocoa trees as economic trees." 'Whether an allegedly excessive compensation assessment amounted to excess of jurisdiction or justified prohibition or certiorari.' "Whether the Warden's Court could order payment by instalments where the prosecutor consented."]

Ratio Decidendi

The Warden's Court had jurisdiction under s. 56 of the Mining Ordinance 1928-1966 to assess compensation for the applicant's destroyed cocoa trees because damage caused by making an access road under or in anticipation of a lease for mining purposes was damage in respect of mining. Even if the assessment was generous or wrong, that did not amount to excess of jurisdiction and prohibition or certiorari could not be used as a disguised appeal against the amount assessed.

Court Disposition

Appeal allowed with costs.

Orders

  • ['Order of the Supreme Court of the Territory of Papua and New Guinea set aside.' 'In lieu thereof, the orders nisi for prohibition and certiorari be discharged with costs.']