That case related to the validity of mining tenements held by subsequent purchasers despite invalidity in the original grant. In dismissing the appeal, the WA Court of Appeal held that the indefeasibility of title provision in s116(2) of the Mining Act 1978 (WA) validated the grant of a mining lease that was granted without jurisdiction.
This case has broad implications in relation to the validity of and protection for all mining tenements. The certainty now provided by the High Court will be welcomed by the mining industry.