I think the basis for the Appeal ruling against KWG was that the judge believed CLF's private road 'would be in the public interest'. This was dismissed by the MLC in the hearing originally as there was no evidence presented to substantiate that. An appeal can only be based on evidence presented in the original hearing. This was sidestepped by saying 'the case should never have gone before the MLC as such a decision is 'for the Minister to make, not the MLC'

No idea why this should be the case, except it suited Govt.

Now, with CLF right out of the picture, good luck getting damages paid. I expect NOT to be just as obstructive as CLF. The 'strategy' of grinding KWG into bankrupcy will continue with endless litigation. If I'm wrong, my apologies, but why does the case against the helicopter claim staking continue, and no notice of dropping the Appeal of the Appeal? Neither case, if they win, will benefit mining/exploration companies generally, rather the opposite, and will only be slightly beneficial to NOT. Can't really see NOT actually wanting to build a private road over the esker, so why don't they drop that case? The helicopter claim staking case would gain them some area of ground, small potatoes amongst their very large area held, and would greatly weaken modern claim staking laws.