Australian mining giant Fortescue Metals Group (FMG) has lost its High Court bid to appeal against a native title determination that covers one of its West Australian iron ore mines.
The company was seeking to contest the exclusive possession rights of the Yindjibarndi people over land in the Pilbara that includes the site of its multi-billion-dollar Solomon mine hub.
The High Court today rejected the company’s application for special leave to have the case heard, with costs paid to be paid by FMG.
The company lost a Federal Court appeal last year, with five judges giving a unanimous decision to uphold the Yindjibarndi people’s native title rights.
It paves the way for the Yindjibarndi Aboriginal Corporation (YAC) to pursue what is expected to be a multi-million-dollar compensation payout for both economic loss and spiritual harm.
On today’s iron ore price, the mine site generates roughly $6 billion in revenue each year for the company.
FMG’s High Court challenge which was handed down in Brisbane but streamed to both Sydney and Perth was led by Bret Walker SC, one of Australia’s most eminent silks and barrister for George Pell’s recent High Court acquittal.
More to come.
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