Rosane Pty Limited v T & P Clarke; N Perry & R Armstrong v T & P Clarke [2009] NSWLEC 1282

Land and Environment Court of New South Wales

CITATION : Rosane Pty Limited v T & P Clarke; N Perry & R Armstrong v T & P Clarke [2009] NSWLEC 1282

APPLICANT (Matter No: 09/80001) Rosane Pty Limited

PARTIES : APPLICANTS (Matter No: 09/80002) N Perry & R Armstrong

RESPONDENTS (Both Matters) T & P Clarke

FILE NUMBER(S) : 80001 & 80002 of 2009

CORAM: Moore SC - Dixon C

APPEAL - MINES AND MINERALS :- KEY ISSUES: Access arrangement Review of arbitrator's determinations

LEGISLATION CITED: Mining Act 1992 Mining Regulation 2003

DATES OF HEARING: 11, 12, 13 and 14 August 2009

EX TEMPORE JUDGMENT DATE : 14 August 2009

APPLICANTS Mr L Moore, solicitor Moore & Co Solicitors LEGAL REPRESENTATIVES: RESPONDENTS Mr P Long, solicitor Long Howland

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE SC DIXON C

14 August 2009

09/80001 Rosane Pty Limited v T & P Clarke 09/80002 N Perry & R Armstrong v T & P Clarke

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

1 SENIOR COMMISSIONER: Kayrunnera Station, as noted in the arbitrator's report, is a property of approximately 48,000 ha located some 200 km to the north-east of Broken Hill. Two exploration licences that are in contention in these two separate proceedings (being heard jointly) exist over the property.