Wade v. New South Wales Rutile Mining Co Pty Ltd

121 CLR 177
[1969] HCA 619A

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(Decision by: McTiernan, J)

Wade v
New South Wales Rutile Mining Co Pty Ltd

Court:

Judges: Barwick, CJ
McTiernan, J
Menzies, J
Owen, J
Windeyer, J

Subject References:
Primary industry
Mining on private lands
Authority to enter
Common law rights

Legislative References: - Mining Act 1906 (NSW) 70D

Hearing date: 24 March 1969 & 25 March 1969 & 26 March 1969 & 19 June 1969
Judgment date: 19 June 1969

Sydney

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Decision by:
McTiernan, J

McTIERNAN J. I am of opinion that the appeal should be dismissed. The reasons of the learned judges of the Court of Appeal are in my opinion entirely right. I cannot usefully add anything to what their Honours have said in upholding the decision of the learned Chief Judge in Equity.