Wentworth Shire Council v Bemax Resources Limited and Ors [2013] NSWSC 1047

Supreme Court New South Wales

Medium Neutral Citation: Wentworth Shire Council v Bemax Resources Limited and Ors [2013] NSWSC 1047 Hearing dates: 8 - 10 July 2013 Decision date: 02 August 2013 Jurisdiction: Equity Division Before: Rein J Decision: Wentworth Shire Council v Bemax Resources - proceedings 2011/259950: 1. Judgment for the Plaintiff in the amount of $495,550.36 inclusive of interest up to and including 2 August 2013. 2. Cross Claim dismissed. 3. Costs reserved. Peregrine Mineral Sands Pty Ltd & Ors v Wentworth Shire Council - proceedings 2012/299456: 1. Statement of Claim dismissed. 2. Judgment for the Cross Claimant against the Cross Defendants in the amount of $1,916,005.75 inclusive of interest up to and including 2 August 2013. 3. Costs reserved. Peregrine Mineral Sands Pty Ltd v Wentworth Shire Council - proceedings 2012/349485 (Class 3 proceedings): 1. Application dismissed. 2. Costs Reserved. Catchwords: CONTRACTS - construction of the contract - whether a clause limited council rates to $100K (plus "pegged" increases) for twenty years - issue of material to which the Court can have regard in the case of ambiguity and the relevance of the outcome of a particular construction (illegality or void contract) - alternative claims in estoppel and rectification raised but not determined.

ADMINISTRATIVE LAW - whether the council's agreement to fix rates for twenty years in the manner contained in clause 3.1 of the contract was beyond power and or a fetter on its power and hence ultra vires.