Finesky Holdings Pty Ltd v Minister for Transport for Western Australia

[2002] WASCA 206

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Mining Law
2. › Mining tenements
3. › Registration of dealings
4. › Sub-lease of mining lease
5. › Whether unregistered dealing effectual to pass equitable interest
6. › Whether regulation 110(3) should be read down as in Torrens System legislation
7. › Mining Act 1978 (WA), ss 82(1)(d), 103A(1), 116(2), 119(2), 121, 122
8. › Mining Regulations 1981 (WA), reg 110
1. Damages
2. › Trespass and conversion
3. › Measure of damages
4. › User principle
5. › Wrongful use of another's property
6. › Whether exception to compensatory principle applies where plaintiff had no title to specific property taken
7. › Whether sufficient property remaining to satisfy entitlement precludes recovery beyond nominal damages
1. Real Property
2. › Torrens System
3. › Registration provisions
4. › Whether analogous to mining tenement registration
5. › Barry v Heider read-down principle
6. › Real Property Act 1900 (NSW), s 41(1)
7. › Transfer of Land Act 1893 (WA), s 58

Quick Take

Regulation 110(3) of the Mining Regulations 1981 (WA) has its ordinary meaning: no dealing, including one creating an equitable interest, is effectual to pass any estate or interest in a mining tenement until registered. The Barry v Heider read-down applicable to Torrens System legislation does not apply to mining tenement registration. The 'user principle' exception to compensatory damages does not apply where the plaintiff's entitlement is to a limited quantity of a resource and sufficient quantity remains after the wrongful taking to satisfy the full entitlement.