"The plaintiff sought to exploit what it saw as a loophole in the scheme in order to obtain for itself an advantage over others who had an interest in the mineral potential of the land. "I do not accept he believed he only needed approval to enter the land for the physical activity of pegging the land," he said. Justice Trevor Reilly found the group had failed to seek permission to enter the site from the mining warden and were actually trespassing. Meanwhile, with the verdict pending, resources company Segway paid Mr McCleary $220,000 and a 15 per cent stake in the company whether he won or lost the case. He claimed in court documents the department did not follow correct procedure when dealing with his application and unfairly denied consent for him to enter the land. When his claim was denied, Mr McCleary sought an injunction in the NT Supreme Court preventing the government from deciding who would be granted exploration rights until his case was heard. Mr McCleary said his stake should take priority because it came hours before a flood of email applications from other companies. Supreme Court battle to secure billion-dollar leases In just a few hours they staked a claim to an estimated 12,000 tonnes of uranium. " did theirs from their computers somewhere else in the world. "We were set up and the moment it turned 12, or about a nanosecond after, we banged in those first sticks and took up seven leases immediately," he said. They began pegging both sites on the stroke of midnight. That evening Mr McCleary and a crew of six men synchronised watches and drove out to the sites in a convoy of four-wheel drives. On December 6 Mr McCleary's application to enter the land was knocked back by the mining warden.
The plaintiff sought to exploit what it saw as a loophole in the scheme in order to obtain for itself an advantage over others who had an interest in the mineral potential of the land.
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