Arthur James Fowler, Richard Gordon Teusner, Jon Bennett Alton v Maximus Resources Ltd (Number 2)

[2009] SAWC 13

Wardens Court of South Australia

(District Court Administrative and Disciplinary Division)

ARTHUR JAMES FOWLER, RICHARD GORDON TEUSNER, JON BENNETT ALTON v MAXIMUS RESOURCES LTD  (NUMBER 2)

[2009] SAWC 13

Judgment of Senior Warden Cannon

24 October 2008

MINING LAW

Exempt Land;  Objection to Entry; Conditions and Compensation

ARTHUR JAMES FOWLER, RICHARD GORDON TEUSNER, JON BENNETT ALTON v MAXIMUS RESOURCES LTD  (NUMBER 2)
[2009] SAWC 13

The nature of this application is set out in the letter from DMAW Lawyers of 2 Oct 2008.  What Maximus would want me to do is to change condition 1 to have a new drilling period commencing some time in January next year and to seek to clarify the other obligations set out in that letter.

The changing of the drilling period to a completely new six month period in my view takes it outside the ruling I have already given and Maximus will have to reapply as a fresh application.  I would be sympathetic to the view that any such fresh application would not require a complete rehearing of all the evidence but of course I will have to hear the parties on that if and when a fresh application is made.

I reserve 12 November 2008 as a date for possible hearing if a fresh application is made.