Creasy & Ors v Hot Holdings Pty Ltd & Anor

[2000] WASCA 206

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Mining Law
2. › Exploration licences
3. › Grant by Minister
4. › Non-compliance with statutory notification requirement
5. › Whether non-compliance with s 118 removes Minister's power to grant licence
6. › Whether breach invalidates act done
7. › Project Blue Sky test applied
8. › Mining Act 1978 (WA), ss 57(1), 59, 75(4), 105A, 118
1. Statutory Interpretation
2. › Validity of acts done in breach of statutory conditions
3. › Whether legislative purpose requires invalidity for non-compliance
4. › Mandatory and directory provisions
5. › Project Blue Sky test
6. › Mining Act 1978 (WA), s 118
1. Administrative Law
2. › Apprehended bias
3. › Ministerial decision
4. › Undisclosed pecuniary interest of departmental officer involved in preparing recommendation
5. › Whether reasonable apprehension of bias where decision-maker acted on tainted advice
6. › Automatic disqualification for direct pecuniary interest distinguished from reasonable apprehension test
1. Estoppel
2. › Issue estoppel
3. › Anshun estoppel
4. › Whether failure to raise defence in earlier proceedings precludes reliance in subsequent proceedings
5. › Whether matter was so relevant to earlier proceedings that it was unreasonable not to raise it

Quick Take

A Minister's decision may be quashed for reasonable apprehension of bias where a departmental officer involved in preparing the recommendation held an undisclosed pecuniary interest in the outcome, even though the Minister was unaware of the interest and the officer claims not to have influenced the decision. Non-compliance with s 118 of the Mining Act 1978 (WA) does not remove the Minister's power to grant an exploration licence under s 57(1); it is a factor to be taken into account but not a precondition to the exercise of the power.