Jurisdiction of the Warden's Court to Make Declarations in Relation to Decisions of a Warden Acting Administratively and in Relation to Applications for Tenements

摘要

In this matter Justice Le Miere determined a case stated from Warden Calder and an originating summons. Silver Geko Pry Ltd ("Silver Geko") held exploration licence 36/359 ("the Licence") but had gone into liquidation. Hawks issued a plaint claiming a declaration that he was entitled to an unencumbered transfer of the Licence. Shadmar Pty Ltd ("Shadmar") issued a plaint for forfeiture of the Licence ("Plaint 9/989"). Shadmar and the liquidator of Silver Geko executed a deed pursuant to which Silver Geko would provide Shadmar with a transfer of the Licence. Shadmar received the transfer and lodged it for registration. On 3 March 2000 Warden Calder made a recommendation to the Minister that the Licence be forfeited. On 31 March 2000 a notice appeared in the Government Gazette declaring the Licence forfeited.