Warden finds sufficient connection to mining tenements in deed for costs incurred during project development

In Kestel Superannuation Pty Ltd v Kimminco Pty Ltd [2024] WAWC 2, the Warden’s Court addressed several disputes regarding the payment terms of a mining joint venture. Relevantly, the first issue the Court wrestled with was to determine whether the matter in dispute was sufficiently connected to mining tenements to fall within the Warden’s Court’s jurisdiction.

In keeping with a recent theme, Warden McPhee gave s132 and s134 of the Mining Act 1978 (WA) (Act), which empower the Court to resolve disputes concerning mining tenements, a broad interpretation. The Warden held that, as the Settlement Deed stemmed from costs incurred during the mining project’s development, the Settlement Deed was connected to the joint venture’s operations over the mining tenements. Accordingly, Warden McPhee held that the dispute fell within the Warden’s Court’s jurisdiction.