The Mining Warden had awarded the LRMA costs in regards to a compensation case that was heard in September 2008.

Mr Slack-Smith had withdrawn from the proceedings part of the way through after the LRMA had incurred substantial expenses engaging an expert to assess compensable loss.

The leave to appeal had allegedly been lost in the court system since December 2008 and another leave to appeal

had been lodged in December 2009.

The District Court accepted the argument that the appeal had been lodged on time but dismissed the leave to appeal.

The leave to appeal was dismissed as it would have been a waste of time to hear an appeal that could not be won.

The Mining Warden had the discretion to award costs and the District Court determined that this would not be overturned on appeal.

The District Court also awarded the LRMA their costs for appearing in the District Court.

We are waiting for the Supreme Court to deliver a judgement order on the costs for the original case as we could not reach an agreement on the costs with Mr Slack-Smith.

The costs for the appeal will be presented to Mr Slack-Smith in the near future.

o o o

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