Newman couple to appeal Supreme Court ruling on family home

An ex-BHP Billiton employee’s fight to keep his family home has received a boost with respected Perth barrister Craig Colvin SC heading the appeal effort.

The Supreme Court last month ruled that Neville Hampton had no legal claim to his Newman home of 20 years despite being just $3511 short of buying it outright from BHP when he was sacked in 2010 for allegedly speeding at a Pilbara mine site.

In handing down his verdict, Supreme Court Justice James Edelman implored BHP to “temper justice with mercy” and left the door ajar for an appeal by labelling the warring parties’ 1996 sale contract “ambiguous”.

Mr Colvin, the current president of the Australian Bar Association and past president of the WA Bar, will reportedly represent Mr Hampton pro bono after approaching his incumbent law firm Gibson and Gibson.

Mr Colvin did not return calls last week but Gibson and Gibson partner Rachel Cosentino confirmed the SC would lead the appeal.

“We have drafted an appeal notice and it will be filed shortly,” she said.

A BHP spokesman said the company was aware of Mr Hampton’s intentions to appeal

Mr Hampton, who along with partner Nancy Lumsden raised their three children in the house, said BHP had asked him to pay “market rent” – about $2500 per week – on the property while the appeal process was undertaken.

“They’re not getting anything out of me,” he said. “I’m not paying for something I already own and I can’t swallow the fact that they’ve got the hide to even ask me.”

Mr Hampton said the support he had received from the Newman community since his story was published in the North West Telegraph had been phenomenal.

“Newman is up in arms at the moment; they’re yelling and screaming about it,” he said.

“People have stopped me in the street and told me they’re behind me.

“If they (BHP) enforce any of this, from what I’ve been told, it will turn ugly.”

Mr Hampton, who worked for BHP for 21 years and was by the company’s own admission a “highly valued” employee, was due to own the home by November 2011.

He had paid off 92 per cent of the original purchase price.

After losing an unfair dismissal case, Mr Hampton took BHP to court in a last-ditch attempt to retain the home but lost in the Supreme Court last month.