IMPLIED POWER OF WARDEN TO DISMISS PLAINT FOR FORFEITURE

摘要

Plaints for forfeiture were lodged by Rivergold Exploration Pty Ltd ('Rivergold') against Exploration Licences 69/1069 and 69/1070 held by Resource Mining Corporation Ltd ('RMC'). After hearing evidence from Rivergold, and submissions from both parties, the Warden ruled that there was no case to answer and dismissed the plaints. After the Warden had delivered his decision, Rivergold requested an opportunity to be heard on the following issue: In circumstances where a Warden has determined that a defendant to a plaint for forfeiture has no case to answer, does the Warden have the power to dismiss the plaint, or is the Warden only empowered to forward a report and recommendation to the Minister.