Gina Rinehart’s lawyer says a decades-old royalties settlement for the Hope Downs iron ore mines has been misinterpreted, as the continued battle for a stake within the mining large’s multi-billion greenback empire continues.
Week three of the WA Supreme Court civil trial continues the struggle to fend off profitable royalty claims from a number of claimants, together with the household of the late Lang Hancock’s former business accomplice, Peter Wright of Wright Prospecting and affiliate Don Rhodes of DFD Rhodes.
Monday morning’s opening remarks from Hancock Prospecting’s lawyer Noel Hutely SC centered solely on disputing the claims of Rhodes’ events to a 1.25 per cent share of iron ore royalties from six Pilbara mining tenements.
In response to arguments by DFD Rhodes lawyer, Jeremy Stoljar SC, made final week, Mr Hutely argued Mr Stoljar’s argument was “seeking a departure from the ordinary meaning of words”.
By doing so, he advised the court docket, that they had tried to “rewrite” the Sixties-era cut price made between the events.
“The Rhodes parties invite Your Honour to stretch the language of (the) reserves definition to cover all, or most portions of the Pilbara, even though the parties used entirely different language,” Mr Hutley mentioned.
Mr Hutley spent the morning arguing the distinction between the which means of reserves and non permanent reserves inside the WA Mining Act, in addition to the best way the phrases have been used inside the agreements between Rhodes and ‘Hanwright’ made in 1969.
He mentioned the best way through which Rhodes’ events had made their arguments made no sense, even by means of grammar.
“The Rhodes party seem to get around this problem by breaking up the definition … into two alternative limbs,” Mr Hutley mentioned.
“(They) have cascaded those words to try and bring Hope Downs 1-3 within the definitions.”
The case is ready to grow to be much more advanced, with attorneys quickly to maneuver from arguing the significance of language to the cancellation of non permanent reserves by the Minister of the time and the way that impacted agreements.
The courtroom was filled with rows of authorized representatives as proceedings started on Monday, with Australia’s richest particular person once more leaving it to her authorized group to attend with out her.
Party to the claims too, are Rinehart’s personal youngsters, John Hancock and Hope Rinehart who’ve been dragged into the matter because of their very own protracted authorized battles with their mom over their share of Hancock earnings.
It’s understood the case entails some 15,000 paperwork, and proceedings are anticipated to run into November.
Source: www.perthnow.com.au
