Arm Mining Pty Ltd v SKR New Investment Pty Ltd

(2025) 262 LGERA 275; [2025] WASCA 38

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Appeal
2. › Appeal from warden's court to Supreme Court
3. › Competence of appeal
4. › Whether orders constituted 'final judgment, determination or decision of a warden's court'
5. › Whether orders made in course of determining justiciable controversy are appealable notwithstanding that one order purported to exercise administrative power
6. › Mining Act 1978 (WA), ss 122A(6), 147(1)
1. Mining
2. › Wardens and wardens' courts
3. › Distinction between administrative functions of wardens and judicial power of wardens' courts
4. › Caveats against mining tenements
5. › Power to consent to lodgement of successive caveat
6. › Whether administrative power conferred on warden or judicial power conferred on warden's court
7. › Mining Act 1978 (WA), s 122A(6)
1. Practice and Procedure
2. › Interlocutory or final order
3. › Order dismissing appeal for want of jurisdiction
4. › Whether interlocutory
5. › Leave to appeal

Quick Take

Orders made by a warden's court in the course of resolving a justiciable controversy constitute a 'final judgment, determination or decision of a warden's court' appealable under s 147(1) of the Mining Act 1978 (WA), even where one order purports to exercise an administrative power conferred on a warden rather than the court, and even if the order is made beyond power.