LAND COURT OF QUEENSLAND
CITATION: Carabella Resources Limited v Goodwin [2016] QLC 32 PARTIES: Carabella Resources Limited
(applicant)v Patricia June Goodwin
(respondent)FILE NO: MRA123-14 DIVISION: General Division PROCEEDING: Determination of compensation payable for mining lease DELIVERED ON: 27 May 2016 DELIVERED AT: Brisbane HEARD ON: 15, 16, 17, 18, 19 September 2014
19, 20, 21, 22 January 2015
12 March 2015
21 August 2015
Submissions closed 25 August 2015HEARD AT: Rockhampton, Yeppoon and Brisbane MEMBER: PA Smith ORDERS: 1. Compensation payable by the applicant to the respondent for the grant of MLA 80194 is determined in the total sum of $1,394,819 which sum includes the items agreed between the parties and the additional amount pursuant to s 281(4)(e) of the Mineral Resources Act 1989
2. The compensation in order 1 of $1,394,819 is payable within 14 days of the grant of MLA 80194 save for the determined compensation for the relocated house related items which is payable within 14 days of the applicant being provided with a copy of a binding contract for the construction of a house on the land and not before 14 days after the grant of MLA 80194.
CATCHWORDS: MINING – compensation for mining lease – s 281 Mineral Resources Act 1989 – method of valuation – no separate assessment for each head – no “doubling-up” – consider circumstances of each case
MINING – compensation for mining lease – consideration of legal principles - highest and best use of land – similar legal principles to compensation available under the Acquisition of Land Act 1967
MINING – compensation for mining lease – consideration of comparison sales – conclusions of both sides valuers unreliable – court to do the best it can with what evidence it has before it – benefit given to landowner - check value against sale of neighbouring property to the miner
MINING – compensation for mining lease – consideration of loss of resources (timber and non-mineral) in the proposed mining lease – loss of possible business activity – discounts applied
MINING – compensation for mining lease – consideration of claim for depreciation/diminution to balance land – severance, noise and dust impacts discussed
MINING – compensation for mining lease – loss of adjoining rental property – outside mining lease area – provides no basis for a claim of compensation
MINING – compensation for mining lease – rental income – maintenance costs deduction – rental market evidence – no reasonable evidence of loss – quantum nil
MINING – compensation for mining lease – forced sale of cattle – loss – doubling-up – timing of grant – lack of business and stock records – evidence vague – conjecture – quantum nil
MINING – compensation for mining lease – claim items contended by applicant – not specifically claimed by respondent – stamp duty – livestock transport– settling costs – claims allowed
MINING – compensation for mining lease – 10% value of land – s 281(a)(e) Mineral Resources Act 1989 – greater percentage not contended –…
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- Case
- [2016] QLC 32
- Decision Date
CaseChat Overview and Summary
The court meticulously assessed the evidence presented by both parties' valuers, Mr McLay and Mr Cowie. The court found that the conclusions reached by both valuers were unreliable. However, it was also noted that the Colorado sale, which was relied upon by Mr Cowie, was entered into by parties in litigation and did not meet the Spencer test. In the absence of reliable evidence, the court determined the best approach was to make an assessment based on the available evidence. The court considered the sale of a neighbouring property to the miner as a benchmark for the value of the land. The court also considered the loss of resources, such as timber and non-mineral resources, within the proposed mining lease area, applying appropriate discounts where necessary. The court further examined the depreciation/diminution to balance land, severance, noise, and dust impacts. The loss of an adjoining rental property outside the mining lease area was not considered a basis for compensation. The court found no reasonable evidence of loss of rental income and maintenance costs, and thus, the quantum of compensation for these items was nil. Similarly, the forced sale of cattle was deemed a loss, but the quantum was nil due to the lack of business and stock records, and the evidence was considered vague and conjectural. The court allowed claims for stamp duty, livestock transport, and settling costs as they were not specifically contested by the respondent. Finally, the court determined the compensation payable to Goodwin at 10% of the value of the land, in accordance with section 281(a)(e) of the Mineral Resources Act 1989.
The court ordered that the total compensation payable by the applicant to the respondent for the grant of MLA 80194 was $1,394,819. This sum included the items agreed upon by both parties and the additional amount pursuant to section 281(4)(e) of the Mineral Resources Act 1989. The compensation was to be paid within 14 days of the grant of MLA 80194, except for the compensation related to the relocated house, which was to be paid within 14 days of the applicant providing a copy of a binding contract for the construction of a house on the land, but not before 14 days after the grant of MLA 80194.
Orders
Orders of the court
1. Compensation payable by the applicant to the respondent for the grant of MLA 80194 is determined in the total sum of $1,394,819 which sum includes the items agreed between the parties and the additional amount pursuant to s 281(4)(e) of the Mineral Resources Act 1989
2. The compensation in order 1 of $1,394,819 is payable within 14 days of the grant of MLA 80194 save for the determined compensation for the relocated house related items which is payable within 14 days of the applicant being provided with a copy of a binding contract for the construction of a house on the land and not before 14 days after the grant of MLA 80194.
Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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