298Court may order payment of money or delivery of mineral

#### 298 Court may order payment of money or delivery of mineral 298 Court may order payment of money or delivery of mineral > > (1) If any money or mineral is claimed in the Land and Environment Court, the Court may order the payment of such money or the delivery of such mineral as it may find to be due or deliverable by one party to another. > > > (2) If such a claim arises out of a mining partnership, adventure or interest, the Land and Environment Court may take accounts in respect of that partnership, adventure or interest, to the extent to which it may be necessary to ascertain what money or mineral (if any) is so due by one party to the other, and may make such further order as it considers just. > > > (3) If the Land and Environment Court orders payment of money in respect of any debt, damages, costs or otherwise, the Court may make a further order— > > > > > (a) that any mineral in the possession, and being the property, of the party directed to make the payment must (to the extent in value of the payment as estimated by the Court) be delivered up to the party entitled to the payment, and > > > > > (b) that the mineral to that extent be seized and delivered accordingly. > > > (4) If such a further order is made, the order for payment of money may only be enforced in respect of any balance remaining due after deducting the value of the mineral so delivered to the party entitled to payment. > > **s 298:** Subst 2008 No 107, Sch 19 \[43\].