LAND APPEAL COURT OF QUEENSLAND
CITATION:
PARTIES:
Buttcroft Pty Ltd
(Applicant)
v
Jeffrey Ridgway Edgar
(Respondent)
FILE NO:
LAC001-11
DIVISION:
Land Appeal Court of Queensland
PROCEEDING:
Application for leave to appeal
ORIGINATING COURT:
Land Court of Queensland
DELIVERED ON:
12 September 2011
DELIVERED AT:
Rockhampton
HEARING DATE:
On the Papers
THE COURT:
McMeekin J
Member PA Smith
Member WL Cochrane
ORDER:
The application is refused.
CATCHWORDS:
APPEAL – APPLICATION FOR LEAVE TO APPEAL – extent of delay – whether the applicant can reasonably explain delay
APPEAL – APPLICATION FOR LEAVE TO APPEAL – whether the applicant has any prospects of success on appeal
Land Court Act 2000 (Qld)
Mineral Resources Act 1989 (Qld)
Australian Securities and Investments Commission v Rich and Another [2005] NSWSC 149
Buttcroft Pty Ltd v Edgar [2010] QLC 0139
Coulton v Holcombe (1986) 162 CLR 1
Director General Department of Transport v Hibiscus Holdings Pty Ltd [1995] 15 QLCR 408
University of Wollongong v Metwally (No 2) (1985) 59 ALJR 481
SOLICITORS:
Mr L Coleman, as agent for the applicant
Rees R & Sydney Jones, for the respondent
HE COURT: TThe applicant, Buttcroft Pty Ltd, seeks an extension of time in which to institute an appeal against a decision of the Land Court. That application is opposed by the respondent, Jeffrey R Edgar.
The Proceedings Below
The proceedings concern the determination of compensation for the further renewal of a Mining Lease 5856 under the provisions of the Mineral Resources Act 1989 (Qld) (“MRA”). The applicant is the miner and the respondent a grazier and the landowner on which the mining is to be conducted. The issue relevant on appeal between the parties is the compensation payable for loss of the use of surface area for grazing. The Land Court determined that the miner pay to the landowner the sum of $1,638 per annum as compensation for loss of possession of the surface area plus $163.80 per annum in advance “being the 10% allowance in recognition of the compulsory nature of the process” provided by s.281(4)(e) of the Mineral Resources Act 1989.
Relevant Matters
It is well established that the relevant matters to consider on an application for extension of time to lodge an appeal include:
(a) the extent of the delay;
(b) whether the applicant has any reasonable explanation for the delay;
(c) any prejudice to the respondent;
(d) the prospects of success on appeal.
The Delay
The determination was made on 12 November 2010. Section 282(1) of the MRA provides that “a party aggrieved by a determination of the Land Court made under section 281 may within 20 business days of the date of that determination or within such further period as the Land Appeal Court, on the application of that party in that behalf prior to the lodgement of the appeal, considers appropriate in any particular circumstances, appeal against the determination to the Land Appeal Court”.
Thus the…
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- AGLC
- Buttcroft Pty Ltd v Edgar [2011] QLAC 7
- Case
- [2011] QLAC 7
- Decision Date
CaseChat Overview and Summary
The legal issues the court was required to decide were two-fold. Firstly, the court had to assess the extent of the delay in filing the application for leave to appeal and determine if the applicant could reasonably explain this delay. Secondly, the court had to consider whether the applicant had any prospects of success on the appeal. These issues were crucial in determining whether the application for leave to appeal should be granted.
The court's reasoning was based on the principles governing applications for leave to appeal in Australia. The court found that the applicant had not provided a satisfactory explanation for the significant delay in filing the application, which undermined the integrity of the judicial process. Additionally, the court determined that the applicant did not have any reasonable prospects of success on the appeal. Therefore, the application for leave to appeal was refused.
In conclusion, the court's orders were to refuse the application for leave to appeal, highlighting the importance of timely applications and the necessity of demonstrating reasonable prospects of success on appeal.
Orders
Orders of the court
The application is refused.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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