Commenting on the refusal, Cazaly said it "has instructed its lawyers to review the judgment with a view to bringing an application for special leave to appeal to the High Court of Australia".
The issue in question goes back to 2005 when Cazaly made an application for the tenement after Rio Tinto's exploration license expired.
Meanwhile, Cazaly signed an agreement with BHP Billiton Ltd to explore the mine; however, Rio Tinto appealed to the Western Australia government to invoke its power to refuse certain tenement applications based on public interest, as allowed under the state's Mining Act.