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.
Judgment date
Case number
S99/2015
S102/2015
Before
French CJ, Kiefel, Bell, Gageler, Keane, Nettle, Gordon JJ
Catchwords