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Mount Bruce Mining Pty Limited v Wright Prospecting Pty Limited

[2015] HCA 37
Case number
S99/2015
S102/2015
Before
French CJ, Kiefel, Bell, Gageler, Keane, Nettle, Gordon JJ
Catchwords

Contract – Construction of terms – Where contract concerned acquisition of rights in relation to temporary reserves and payment of royalties in respect of iron ore mined – Where royalty payable in respect of iron ore mined from "MBM area" – Whether "MBM area" refers to physical area of land or rights in relation to that land – Meaning of phrase "deriving title through or under".

Contract – Construction of terms – Recourse to background or surrounding circumstances.

High Court – Appellate jurisdiction of High Court – Precedential value of special leave reasons.

Words and phrases – "commercial purpose", "deriving title through or under", "MBM area", "surrounding circumstances", "temporary reserves".

Mining Act 1904 (WA) – ss 48, 50, 53, 276, 277.

Files
37.rtf (316.33 KB)
37.pdf (280.74 KB)