A legal dispute concerning a 12-kilometer shared boundary fence in New South Wales has been brought before the NSW Supreme Court. Disability pensioner Kathy Pope has initiated proceedings against mining executive Gina Rinehart and companies associated with her, alleging animal losses due to inadequate fencing and disputing a claimed verbal agreement for fence construction.
Introduction: The Core of the Dispute
Kathy Pope, owner of a 157-hectare farm in Kingstown, west of Armidale, has filed a lawsuit in the NSW Supreme Court. The suit names mining executive Gina Rinehart and her associated companies, Hancock Prospecting and Hancock Agriculture.
The dispute centers on the condition of a 12-kilometer boundary fence separating Pope's property from Rinehart's Sundown Valley cattle station, located in the Northern Tablelands region of New South Wales. Mary Kakaroubas, a neighbor with whom Pope has an agistment arrangement, has joined the legal proceedings as a plaintiff.
Background of the Boundary Fence Allegations
Pope acquired her farm in 2016, and Hancock Prospecting purchased the adjoining Sundown Valley in 2018. Pope alleges that a verbal agreement was made for her to provide fencing materials, while Hancock Prospecting would cover labor and machine use for extensive fencing work.
Between 2020 and early 2021, Pope states she secured 12 kilometers of materials. This was financed by a $100,000 loan and $20,000 in savings, intended for exclusion fencing on her property and Kakaroubas's 630-hectare property where Pope agists stock.
According to Pope, approximately 800 meters of exclusion fencing was completed by 2022, with Hancock Prospecting reportedly contributing an estimated $25,000 for materials. However, work reportedly ceased in late 2022.
Pope states she was informed in 2023 that Hancock Prospecting did not recognize a binding agreement for fencing work.
Hancock Prospecting denies Pope's claims regarding a fencing agreement.
Allegations of Animal Losses and Fence Inadequacy
Pope claims to have lost approximately 800 animals over the past seven years. These losses include cattle, sheep, wild deer, goats, and Maremma guardian dogs, which she attributes to the alleged inadequacy of the fencing. She also states the fence issue impacts her ability to manage stock.
Concerns have been raised by Rinehart's side regarding animal movement across the boundary, including feral goats and pigs digging under the fence. Rinehart's representatives have also mentioned the occasional requirement to treat Pope's animals for disease. Rinehart's office has not commented on the specifics of the dispute but has disputed Pope's claims generally.
Courtroom Developments and Challenges
During a virtual court mention before Justice David Hammerschlag, Pope, who is largely unrepresented, was advised that her case risks dismissal if she does not file an appropriate statement of claim within 21 days, as previous material submitted did not constitute a valid claim.
Legal Representation Struggles
Pope has been urged by the court to secure legal representation, especially if the matter proceeds to a hearing. She reported having contacted over 45 legal firms, stating they acknowledged the merit of her case but declined to take it due to the perceived disparity in resources between the parties. The case was brought in the NSW Supreme Court as the claim is anticipated to exceed the $100,000 limit of the NSW Civil and Administrative Tribunal.
Rinehart's Motions Denied
Rinehart's legal team, which includes barristers Charles Colquhuon, SC, and Jocelyn Jaffray (representing Rinehart's Pastoral Properties Pty Ltd), made several requests that were rejected by the court.
A request to remove Gina Rinehart, Hancock Prospecting, and Hancock Agriculture from the proceedings, based on arguments of non-ownership of the specific property, was denied. A separate request to transfer the matter to the equity division’s Real Property List was also rejected.
Unsuccessful Settlement Offers
Pope attempted to contact Gina Rinehart directly but was reportedly directed to Hancock group lawyers and warned to cease further communication. Hancock Prospecting has reportedly offered settlements on multiple occasions, which were not accepted.
Pope's latest settlement offer included $10 million, exclusion fencing, $4.9 million for future economic losses, $4.25 million in damages, and 200 hectares of Hancock land; this offer was rejected.
Next Steps in the Legal Battle
The matter is scheduled to return to court on March 5.