However, the court granted the claimants leave to amend the claims once the company had handed over documents relating to the case, their lawyer, Richard Meeran, said.

"The court dismissed the claims but gave the victims leave to amend the claims within 30 days of any discovery of documents given by Anglo," Meeran said in a statement.

He would seek the discovery from Anglo immediately.

Meeran said the judgment meant the claims were a step closer to resolution as documents critical to the case could now be obtained for the first time.

The case has been delayed for about a year due to technical objections by the company over the precise wording of the claims.

"Anglo may have succeeded today from a technical perspective, but in reality it is not a victory - it is now likely that Anglo will have to produce highly sensitive documents earlier than we expected.

"Anglo complained that the claims lacked certain information, but that will be remedied when we have access to Anglo's documents, in particular the service contracts between Anglo American and its subsidiaries.

"These documents are critical to the case and are under such a veil of secrecy that, until now, no one appears to have seen them except Anglo American," said Meeran from the Australian law firm Slater & Gordon.

Eight miners are seeking compensation for having contracted silicosis and phthisis during their employment on the company's mines.

A ninth miner — Samuel Kokosa Kubu, 59, — died last year, two weeks after the legal action began. He was retrenched in 2001 after contracting silicosis.

Meeran said he hoped the court-ordered discovery would allow access to documents as other attempts had been frustrating. An application to get the Anglo documents through the Promotion to Access to Information Act had been delayed by Anglo South Africa on the grounds that the documents involved third parties which would have to be contacted about the request.

He said the third parties were Anglo subsidiaries.

Wednesday's judgment would clear some obstacles.

"The case is on track, moving forward, an we are confident of a successful outcome," he said.

- Sapa