Re Roberts Sm; Ex Parte Burge & Anor

[2003] WASCA 2

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Prerogative relief
3. › Certiorari
4. › Error on face of record
5. › Whether reasons form part of record
6. › Failure to give adequate reasons
7. › Mining Act 1978 (WA)
1. Administrative Law
2. › Prerogative relief
3. › Certiorari
4. › Jurisdictional error
5. › Failure to accord procedural fairness
6. › Hearing one party in absence of other without notice
1. Administrative Law
2. › Procedural fairness
3. › Right to be heard
4. › Decision made in absence of party
5. › No notice of hearing given
6. › Whether denial of procedural fairness
1. Administrative Law
2. › Duty to give reasons
3. › Inferior courts and administrative tribunals
4. › Failure to make critical findings of fact
5. › Whether constitutes error of law or jurisdictional error

Quick Take

A Mining Warden hearing a disputed forfeiture plaint under the Mining Act 1978 (WA) acts as an administrative tribunal, not as the Warden's Court exercising jurisdiction under s 132. The same applies to conversion applications under s 49. In both cases, the Warden must provide adequate reasons and afford procedural fairness to all parties, and a failure to do so constitutes error on the face of the record and/or jurisdictional error amenable to certiorari. R v Harlock, which treated forfeiture proceedings as within the Warden's Court jurisdiction, is inconsistent with the reasoning in Trythall and should not be followed.