D'Aguilar Gold Ltd v Gympie Eldorado Mining Pty Ltd
[2006] QSC 326
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D'Aguilar Gold Ltd v Gympie Eldorado Mining Pty Ltd
Shortened Case Name:
D'Aguilar Gold Ltd v Gympie Eldorado Mining Pty Ltd
MNC:
[2006] QSC 326
Court:
QSC
Judge(s):
Atkinson J
Date:
01 Nov 2006
White Star Case:
Yes
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2006] QSC 326
01 Nov 2006
Originating application seeking declaration that assignee of exploration permit under MRA was bound by registered farm-out agreement agreed to previously with assignor; beneficiary to agreement did not lodge caveat on register; s 158 MRA did not give its “agreement, arrangement, other dealing or interest” priority over an application to assign an EPM or the assignment of an EPM: Atkinson J.
Appeal Determined (QCA)
[2007] QCA 158 [2008] 1 Qd R 56
18 May 2007
Appeal dismissed with costs; caveat procedure provides adequate protections for holder of farm-out-agreement registered on title of EPM; upon proper construction of s 158 MRA, contractual rights registered on title do not have priority over the assignment of the EPM: Williams, Jerrard and Holmes JJA.
Appeal Status
Appeal Determined (QCA)
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