Kangaroo Island Plantation Timbers Ltd (ASX:KPT) welcomes a legal judgement from the Supreme Court of South Australia which clarifies the rights of the company and its neighbour over easements at Smith Bay.
In November 2019 KIPT sought court orders to clarify the rights over two easements affecting one of its land parcels at Smith Bay, the site of the company’s proposed KI Seaport facility.
An order was sought to have easement B on its land set aside, so as to provide less restricted access to the coastline.
The other order sought to facilitate the joining of easements C and J on its neighbour’s land in order to allow for the supply of electricity to the company’s land.
Determination made
On Tuesday, the Honourable Justice Stanley of the Supreme Court of South Australia determined that easements C and J should be connected, as requested by KIPT.
His Honour also determined that easement B should remain unaltered.
While KIPT reaffirms that the easements did not materially affect its ability to build and operate the KI Seaport, the company welcomes the increased clarity provided by the decision, particularly on the correction of the defect in easement C.
