Forrest & Forrest Pty Ltd v Wilson [2017] HCA 30

HIGH COURT OF AUSTRALIA

KIEFEL CJ, BELL, GAGELER, KEANE AND NETTLE JJ

FORREST & FORREST PTY LTD APPELLANT

AND

STEPHEN McKENZIE WILSON & ORS RESPONDENTS

Forrest & Forrest Pty Ltd v Wilson [2017] HCA 30 17 August 2017 P59/2016

ORDER

1. Appeal allowed.

2. Set aside the orders of the Court of Appeal of the Supreme Court of Western Australia made on 7 July 2016 and 2 September 2016 and, in their place, order that:

(a) the appeal be allowed;

(b) orders 4 and 5 of Allanson J made on 4 June 2015 be set aside and, in their place, order that:

(i) it be declared that the first respondent did not have jurisdiction to hear the second respondent's application for mining lease 08/478 or the fourth respondent's application for mining lease 08/479 as each application was not accompanied by a mineralisation report referred to in s 74(1)(ca)(ii) of the Mining Act 1978 (WA);

(ii) it be declared that the first respondent did not make a valid report and recommendation to the Minister under s 75(5)(c) of the Mining Act 1978 (WA) in relation to the second respondent's application for mining lease

08/478 or the fourth respondent's application for mining lease 08/479;

(iii) a writ of certiorari be issued quashing the purported report and recommendation made by the first respondent under s 75(5)(c) of the Mining Act 1978 (WA) in relation to the second respondent's application for mining lease 08/478 and in relation to the fourth respondent's application for mining lease 08/479; and

(iv) the second, third and fourth respondents pay the applicant's costs of the judicial review application; and

(c) the second and fourth respondents pay the appellant's costs of the appeal.

3. The second and fourth respondents pay the appellant's costs of the appeal to this Court.

On appeal from the Supreme Court of Western Australia

Representation