The phrase 'deriving title through or under' a party requires a continuous or unbroken chain of title between the original holder and the present holder; a causal connection or historical continuity between exploration and subsequent acquisition of rights is insufficient. A 12.5% non-beneficial shareholding in the parent company of a mining nominee does not constitute production 'in association with' others for the purposes of a royalty obligation. When parties define terms in a contract, the label chosen is usually a distillation of the meaning of the defined concept and may elucidate ambiguities in the definition.
The full text is available to signed-in members, including the 11 later cases that cite this judgment.
3 of the 11 citing cases carry a classified treatment. How each court treated it is available to signed-in members.