Aus Gold Mining Group Pty Limited v Mount Poole Pastoral Company Pty Limited [2017] NSWLEC 131

Aus Gold Mining Group Pty Limited v Mount Poole Pastoral Company Pty Limited [2017] NSWLEC 131

The applicant was granted leave to amend its summons, but only in accordance with the Court's rulings: it could add or retain claims concerning an implied right of access, a right of way, water authority arrangements, specified injunctive relief and damages, while deleting the claim for Ministers to grant a right of way and not pursuing certain proposed paragraphs.

Jurisdiction
Australia
Judgment Date
28 September 2017
Procedural Posture
Class 8 / Notice of Motion for Leave to Amend Summons
Outcome
Leave granted to the applicant to amend its summons in accordance with the rulings of the Court.
Legal Topics
['amendment of Summons' 'mining Lease' 'right of Way' 'access to Water' 'injunctive Relief' 'declaratory Relief']
['practice and Procedure' 'mining Law'] ['amendment of Summons' 'mining Lease' 'right of Way' 'access to Water' 'injunctive Relief' 'declaratory Relief']

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Procedural Posture

Class 8 / Notice of Motion for Leave to Amend Summons

Legal Issues

  1. 1 ["Whether the applicant should be granted leave to amend its summons to refine claims concerning access over the first respondent's land." 'Whether the amended summons should include a claim for a declaration of an implied right of access arising from the mining lease and the Mining Act 1992.' 'Whether the amended summons should include claims concerning surrender of an existing water supply allocation authority and facilitation of a new authority for water bores.' 'Whether the amended summons should include claims for injunctive relief and damages arising from alleged prevention of access to land and water.']

Ratio Decidendi

The applicant was granted leave to amend its summons, but only in accordance with the Court's rulings: it could add or retain claims concerning an implied right of access, a right of way, water authority arrangements, specified injunctive relief and damages, while deleting the claim for Ministers to grant a right of way and not pursuing certain proposed paragraphs.

Court Disposition

Leave granted to the applicant to amend its summons in accordance with the rulings of the Court.

Orders

  • ['Grant leave to the applicant to amend its summons in accordance with the rulings of the Court.' 'Direct the applicant to file and serve an amended summons by 5 October 2017.' 'List the matter for directions hearing at 10am on 6 October 2017.']