[3] Plaintiff’s written submissions, paragraph 58. The Vendor hereby represents and warrants to the Purchaser that on and from settlement under clause 4 (and notwithstanding that the title to the Vendor’s Interest will still be in the name of the Vendor), the Purchaser is, subject to the Act, and will continue to be entitled to: (a)exclusive possession of the Mining Property; (b)have full and exclusive control and discretion in the prospecting and investigation of the Mining Property; and, (c)take away such amount of minerals, ores and samples as the Purchaser may consider necessary or desirable from the Mining Property and the Purchaser shall not be accountable to the Vendor with respect to any minerals, ores or samples so removed and all minerals, ores, samples, assays and survey results thus obtained shall be and remain the sole property of the Purchaser.”. back to you soon. In the decision of Wright Prospecting Pty Ltd v Hamersley Iron Pty Ltd [2013] NSWSC 536 made on 10 May 2013, the Supreme Court of New South Wales… HPPL is not entitled to conclude any negotiations or make any agreement which would have the effect of reducing or disposing completely of the Partnership’s Royalty Entitlement or WPPL's Royalty Entitlement by reason of clause 1(a) of the 1987 Agreement; The Partnership’s Royalty Entitlement, WPPL’s Royalty Entitlement and the obligation of HPPL as pleaded in sub-paragraph (f) above continued to apply notwithstanding the transfer of WPPL’s interest in Kevin’s Corner to HPPL pursuant to the option in clause 4 of the 1984 Agreement or pursuant to any other agreement.”. revenue received on the iron ore or other minerals produced and sold; and, each of HPPL and WPPL is hereby released from the obligation to offer to the other one half of its own right to participate in any mining venture undertaken in respect of HPPL interests and WPPL interests respectively or in respect of any areas allocated to each party under this Agreement.”. The defendant says that unambiguously, the documents disprove the plaintiff’s case. That submission is persuasive. In that last respect, however, the plaintiff’s submissions did not explain how it would be relevant that the document did or did not result from the exercise of that option. this Therefore, the defendant argues, there was nothing which could have been the subject of an agreement that an entitlement to royalties would remain with the partnership, notwithstanding the assignment of the tenement itself. Western Export Services Inc & Ors v Jireh International Pty Ltd. The parties made a further agreement dated 12 June 1987 (“the 1987 agreement”), which was expressed to be supplementary to and not in substitution for the 1983 and 1984 agreements. DIVISION: Trial Division. It might also preclude the plaintiff pursuing an alternative case for the same relief here. THE INTENT of this Agreement and clauses 6, 7 and 8 in particular is that upon commencement of mining activities both HPPL and WPPL (as near as is practical and equitable) should be in the same position as they would have been if the Partnership had continued in its present form until the date of such commencement and on the assumption that the other Partner had concurred in each and every decision that HPPL or WPPL had made under Clause 1 hereof in the intervening period. Rio Tinto is a major producer of iron ore, coal, bauxite, alumina, aluminium, uranium, copper, gold, diamonds, salt and energy across the globe. But it should also be noted that the plaintiff’s submissions did not describe the intended nature and particular relevance of that evidence, in relation to this deed, other than to refer to it as evidence of “the genesis, background and commercial context” of the deed and of whether it was made pursuant to the exercise of an option within cl, 4 of the 1984 agreement. …”. Siemens has invested $5 million into the Rockhampton Service Centre, which unveiled this week, Australia’s largest and most advanced gearbox load test rig for mining, wind power and other core .... Palaeontologists and volunteers will work over the next month excavating and studying 30,000-year-old dinosaur bones at the South Walker Creek mine in Central Queensland. Previously company hq could be found in Western Australia post code 6011 (from 2014-01-11 to 2014-09-21), Western Australia post code 6011 (from 2000-05-21 to 2014-01-11). Since 1958 the parties have carried on business in partnership under the name “Hancock and Wright”. This 1983 agreement was stated to be in substitution for its predecessor which was made in 1978. In 2008, exploration company, Cazaly Resources, challenged Rio Tinto in the Western Australian Mining Wardens Court, on the grounds that Rio Tinto had not undertaken any work on the Rhodes Ridge deposit for more than 35 years. Businesses include open pit and underground mines, refineries, smelters, mills and power stations. By this deed the parties plainly intended that the defendant, to the exclusion of the plaintiff, would be able to exploit Mineral Development Licence 190. Executive Vice President & Chief Financial Officer, Directory of Profiled Business People: , Learn more about how our community edition works. These words are critical, the defendant argues, because they qualify what might otherwise be the right of each party to receive half of any royalty. Again, those issues need not be resolved here, because the plaintiff’s case pleads that the assignment occurred either in consequence of the exercise of the option or by the plaintiff’s agreeing to a transfer as requested by the defendant in 1997. I am concerned that a judgment might have some unintended consequence for issues in other proceedings. Rio Tinto . I Agree to the Terms of Service and Privacy Policy . Thanks for reaching out! Therefore no evidence could be admitted to affect that interpretation. That included, for example, the right of the defendant, as the holder of that tenement, to have considered for grant, in priority to all other persons, a mining lease in respect of any of the relevant land. WA , 6000, Boilermakers required for various roles for fixed plant and mobile equipment shutdowns. [4] Mineral Resources Act 1989 (Qld), s181(4)(c). In 1984, Hancock and Wright agreed to split, between each other, the various iron ore prospects they jointly owned, on an equal basis. Businesses include open pit and underground mines, refineries, smelters, mills and power stations. The Defence pleads other matters in the alternative. Hancock Prospecting Pty Ltd v Rinehart (No 2) [2017] FCAFC 208 ... Leave be granted nunc pro tunc to Wright Prospecting Pty Ltd to intervene on the condition that they bear their own costs of intervention. As the defendant concedes, the mining tenement known as Kevin’s Corner was a partnership asset on the date of each of those agreements. The question becomes whether it removed the tenement known as Kevin’s Corner together with any opportunity to exploit the tenement from that property which belonged to the partnership. Paragraphs 21(d), 21(e), 21(f), 21(g), 22, 23, 29, 30, 31 and 32 of the statement of claim be struck out and the plaintiff have leave to amend its statement of claim consistently with these reasons. The Rhodes Ridge undeveloped iron ore deposit that is located 80 kilometres northwest of Newman, in the Pilbara region of Western Australia, was discovered in 1972, by Lang Hancock and Peter Wright. …”. for Clause 1 of this agreement provided as follows: AS FROM 1 JANUARY 1984 and notwithstanding Clause 12 of the [1983 agreement]: HPPL shall assume sole control over and responsibility for the administration, development and disposal of the assets and interests of the Partnership set out in Schedule 1 hereof other than royalties in respect thereof or premiums referred to in Clause 5 hereof (hereinafter called the ‘HPPL interests’). If the documents are unambiguous, then evidence of the kind which is said to require a trial would not be admissible: According to the plaintiff’s submission, there should be evidence at a trial as to the commercial purpose of the contracts and the genesis of the transactions, the background, the context and the market in which the parties were operating. New advice has found the federal environment .... Monadelphous Group Limited announced on Wednesday it has been awarded a number of new work packages with a combined value of approximately $55 million. The circumstance which would provide the plaintiff with a cause of action, namely a royalty being payable (immediately or in the future) is not alleged to exist. Julian Wright alleges that in the 1980s he was duped out of a one-third stake in Wright Prospecting, which is now worth billions. Settlement was to take place seven days from the date of the deed. Therefore, Kevin’s Corner remained a partnership asset, but one over which the defendant was given effectively management powers and responsibilities which were qualified in relation to royalties by cl, It can be seen from the terms of the plaintiff’s pleading set out above that its case is heavily reliant upon cl. Rather, any opportunities for royalties had to be exploited for the benefit of the partnership because they could arise only from the ownership of the mining tenement and it was partnership property. The first of the documents pleaded by the plaintiff is a partnership agreement dated 24 May 1983 (“the 1983 agreement”).
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