TRANSFER OF SHARES HELD BY A DEREGISTERED COMPANY IN A MINING TENEMENT

摘要

The proceedings were initiated by plaint in the Western Australian Mining Warden's Court. The case of La Mancha Resources Australia Pty Ltd v Ex parte re Polaris Pacific NL (Deregistered Corporation)1 involved an unusual set of facts culminating in mining tenements being granted to two companies, one of which had been deregistered for more than eight years at the time of grant. The case was resolved by the warden ordering the transfer of the deregistered company's shares in the mining tenements to the other registered holder of the tenements. The warden's decision provides valuable guidance to lawyers, industry participants and officers of the Department of Mining and Petroleum (Department) on the practical scope and application of s 103G of the Mining Act 1978 (WA) (Mining Act). In particular, it makes clear that "authorised officers" are empowered to exercise their discretion to make substantive amendments to the Register of mining tenements (Register) without the need for parties to seek redress through time-consuming and costly Warden's Court proceedings.