A CHARITY set up to maintain and restore historic trains and railway items at North Rothbury have lost their David and Goliath battle in the Supreme Court against Huntlee Pty Ltd.
Those behind the not-for-profit Hunter Valley Railway Trust (HVRT), and responsible for many of the heritage-listed and other railway items stored there, will be evicted from the site and, they fear, likely lost to the Hunter.
Trains enthusiast Chris Richards, who heads up HVRT, was devastated by the decision which he said would likely send him bankrupt, and "everything" would be lost. "All of our infrastructure, our track, the sheds, everything," he said. "It's shocking".
They have also been ordered to pay the other side's legal costs, thought to be in the vicinity of at least $1 million.
However, it is not the last chapter in what has already been a long and complicated stoush involving million of dollars worth of railway heritage items.
"Our barristers have said we have good grounds for appeal and at this stage we will be appealing," Mr Richards said.
The land in question forms part of the $1.5 billion Huntlee development site which is set to become the first new town in the Hunter for more than half a century. It was once the hub of a $10 million heritage railway collection first homed there in 1990.
Huntlee Pty Ltd welcomed the decision yesterday, saying: "The decision in favour of Huntlee's subsidiary, Misthold Pty Ltd, on all counts recognises that Misthold is entitled to possession of all land situated at 170 Wine Country Drive, North Rothbury including all land on which locomotives and carriage are stored.
"It is also recognised that Misthold acted in good faith and in accordance with its rights and obligations during the protracted negotiations with the Historic Sites and Railway Heritage Company."
Representatives of the 24 other charities and organisations based on the site will have their day in court on June 15. Huntlee said it would honour a stay order which would allow them the opportunity to "identify any locomotives and carriages over which they claim ownership, to relocate them to alternative sites."
HVRT had argued that, despite a complicated paper trail and various agreements and discussions, they retained the right to stay put or, in the alternative, that Misthold would set up a museum to display heritage-listed items.
But Justice Payne found against them.
"On no view of the evidence was there a promise by Misthold to create a joint venture museum in perpetuity for the display of any railway items''.
