Fordham, R.C. & Anor v. Evans, G. & Ors [1987] FCA 637

Fordham, R.C. & Anor v. Evans, G. & Ors [1987] FCA 637

Section 8D(2) does not require specification of a period beyond the stated minimum of 30 days—the requirement is satisfied by lapse of 30 days. Section 10A(1) authorises the Joint Authority to give directions that include substantive elements affecting calculation, not limited to mere procedure. The questions of fact raised under ground 3 must await evidence.

Parties
Applicant: Robert Clive Fordham; Applicant: The State of Victoria; Respondent: Gareth Evans; Respondent: B.H.P. Petroleum Pty. Ltd.; Respondent: Esso Exploration and Production Australia Inc.; Respondent: Oil Basins Limited
Jurisdiction
Australia
Judgment Date
13 November 1987
Procedural Posture
Application for Order of Review / Interlocutory Determination of Questions on Grounds 1, 2, 3 Prior to Further Hearing
Outcome
Declaratory order pronouncing in favour of applicants on ground 1 refused; on ground 2, found s.10A(1) authorises substantive directions; questions under ground 3 deferred; costs reserved.
Legal Topics
Statutory Interpretation, Royalty Calculation, Jurisdiction of Designated Authority and Joint Authority, Directions Under Petroleum (submerged Lands) (royalty) Act
Administrative Law Tax Law Minerals and Petroleum Law Statutory Interpretation Royalty Calculation Jurisdiction of Designated Authority and Joint Authority Directions Under Petroleum (submerged Lands) (royalty) Act

Case Brief

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Parties

Robert Clive Fordham

Applicant

The State of Victoria

Applicant

Gareth Evans

Respondent

B.H.P. Petroleum Pty. Ltd.

Respondent

Esso Exploration and Production Australia Inc.

Respondent

Oil Basins Limited

Respondent

Procedural Posture

Application for Order of Review / Interlocutory Determination of Questions on Grounds 1, 2, 3 Prior to Further Hearing

Legal Issues

  1. 1 Whether s.8D(2) of the Petroleum (Submerged Lands) Act 1967 requires specification of notice period beyond 'not less than 30 days'.
  2. 2 Whether s.10A(1) of the Petroleum (Submerged Lands) (Royalty) Act 1967 authorises substantive (not merely procedural) directions to the Designated Authority.
  3. 3 Whether, on the facts, the directions given exceeded statutory power (question deferred pending evidence).

Ratio Decidendi

Section 8D(2) does not require specification of a period beyond the stated minimum of 30 days—the requirement is satisfied by lapse of 30 days. Section 10A(1) authorises the Joint Authority to give directions that include substantive elements affecting calculation, not limited to mere procedure. The questions of fact raised under ground 3 must await evidence.

Court Disposition

Declaratory order pronouncing in favour of applicants on ground 1 refused; on ground 2, found s.10A(1) authorises substantive directions; questions under ground 3 deferred; costs reserved.

Orders

  • Declaratory order effecting the conclusion on ground 1 will be pronounced.
  • No further orders pending evidence on other grounds.