Peter Halkias & DRAZIO Angelo GALLETTO v The Department of Primary Industries & Resources

Case

[2009] SAWC 20

1 September 2009


Wardens Court of South Australia

(District Court Administrative and Disciplinary Division)

PETER HALKIAS & DRAZIO ANGELO GALLETTO v THE DEPARTMENT OF PRIMARY INDUSTRIES & RESOURCES

[2009] SAWC 20

Judgment of Senior Warden Dr Cannon

1 September 2009

MINING LAW

Amalgamation

PETER HALKIAS & DRAZIO ANGELO GALLETTO v THE DEPARTMENT OF PRIMARY INDUSTRIES & RESOURCES
[2009] SAWC 20

  1. I note that you can only amalgamate claims that are contiguous.  I am told that these claims are only connected by one corner and it is the view of the Department that is not contiguous.  Since returning to my chambers I have now looked at the Oxford Dictionary and contiguous means ‘sharing a common border’.  This implies a connection at more than corner.  Accordingly, I cannot grant this application. 

  2. This is an understandable mistake by the miners so I order that the court fee be remitted to them.  This application must be dismissed. 

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