Huntlee estate owners take Hunter Valley rail enthusiasts - who say they were promised 'a home' - to the Supreme Court

It could be the final chapter in what has been a long and complicated stoush involving offers, counter-offers, land swap deals and agreements, donations, alleged backflips and million of dollars worth of railway heritage items.

Dissenters have described the David and Goliath battle as "an appalling land grab", with the owners of the Huntlee Estate fighting a war of attrition to out-muscle Chris Richards' not-for-profit Hunter Valley Railway Trust (HVRT) as well as a group of about 24 other charities and not-for-profit organisations based at the site, and who have been repeatedly threatened with eviction.

It will take place in the civil division of the Supreme Court where it is listed for an estimated five-day hearing. The key players are HVRT and the Huntlee estate's land-holding company, Misthold Pty Ltd.

Misthold involves a partnership between one of Australia's richest families, the Kahlbetzers, and business partner Danny Murphy, of Perth-based LWP Group, one of Western Australia's leading land developers.

They aim to evict HVRT, a charity set up to maintain and restore Australian rail heritage, from the $1.5 billion site, to forge ahead with a residential development at the North Rothbury site, first new town in the Hunter for more than half a century.

They will defend a cross-claim brought by HVRT for "unconscionable conduct" alleging they have reneged on an agreement to allow them to remain on the site, along with the historical rail and heritage items currently stored there, in perpetuity.

At a preliminary hearing on Friday, Misthold asked the judge to toss out the cross-claim out on the basis that it has surpassed the six-year statute of limitations which, if upheld, would put that issue beyond the reach of the law to determine one way or another. HVRT was first served with an eviction notice in 2015, but it was not acted upon until it was re-issued last year, six years later.

The court also issued a direction on Friday for representatives of all 24 organisations involved at the site to appear in the Sydney court to register their interest in the matter. How many will now be able to attend with such late notice remains to be seen.

In another development, supporters have banded together to form a new community-based action group, Save Our Old Trains (SOOT). In its manifesto it states it is committed to "raising awareness of the real threat to continuing and expanding Heritage Steam Train operations in the Hunter Valley".

They are seeking donations via a new GoFundMe page to assist with legal costs and to mount a community awareness campaign to preserve the museum site buildings and artefacts along with the Rothbury Riot Railway line.

Spokesman Andrew Reynolds said they would do 'everything possible' to keep steam locomotive whistles in the Hunter Valley.

"Loss of the North Rothbury site will be devastating for the amazing annual Steamfest event in Maitland as well as other heritage/tourismevents in the Hunter."

A Huntlee spokeswoman said it would be "inappropriate" to comment while the matter was before the courts.

IN THE NEWS:

Our journalists work hard to provide local, up-to-date news to the community. This is how you can continue to access our trusted content: