Tenement transferees rejoice: High Court rejects challenge to S 116(2) protection

In Wyloo Metals Pty Ltd v Quarry Park Pty Ltd [2024] WASCA 38, the WA Court of Appeal found that the purchaser of a mining lease (who did not itself apply for the lease) which was invalidly granted because of non-compliance in the tenement application process is protected by section 116(2) of the Mining Act 1978 (WA) from challenges to the validity of the grant.

The High Court has denied Wyloo Metals leave to appeal that decision. The Court found Wyloo’s application did not ‘give rise to any question of general importance about the effect of this Court’s reasoning in Forrest & Forrest Pty Ltd v Wilson [2017] HCA 30; (2017) 262 CLR 510 sufficient to warrant a grant of special leave to appeal’.

For more details, see our May update on the Court of Appeal’s decision here¹.

Footnote

1. https://www.hfw.com/insights/australian-mining-bulletin-may-2024/