LAND COURT OF QUEENSLAND
CITATION: Fairhill Coking Coal Pty Ltd v Comiskey & Anor (No 2) [2025] QLC 9 PARTIES: Fairhill Coking Coal Pty Ltd
(applicant)v Peter Locksley Comiskey
(respondent)Denise Mary Comiskey
(respondent)FILE NO: MRA418-24 PROCEEDING: Hearing of two general applications DELIVERED ON: 14 May 2025 DELIVERED AT: Brisbane HEARD ON: 10 March 2025 HEARD AT: Brisbane MEMBER: N.D. Loos ORDERS: The Respondents’ General Application filed on 17 December 2024 is dismissed. 1.
By 4.00pm on 21 May 2025, the parties are entitled to file and serve submissions as to the form of Order that should follow the conclusions expressed in these reasons.2.
CATCHWORDS: ENERGY AND RESOURCES – MINERALS – COURTS OR TRIBUNALS EXERCISING JURISDICTION IN MINING MATTERS – QUEENSLAND – LAND COURT – JURISDICTION AND POWERS – COMPENSATION – MATERIAL CHANGE IN CIRCUMSTANCES FOR THE MINING LEASE – where the applicant held a mining lease over land owned by the respondents – where there was an existing conduct and compensation agreement – where the applicant failed to pay compensation in time according to that agreement – where the parties agreed to renegotiate the compensation amount due to that failure – where that renegotiation was unsuccessful and the amount was paid plus interest at a later time – where the respondents sought a declaration in the Supreme Court – where the Supreme Court referred the parties to the Land Court noting section 28bB of the Mineral Resources Act 1989 – whether the agreement to renegotiate or the Supreme Court judgment or other particulars submitted by the Respondents amounted to a material change in circumstances for the mining lease for the purposes of s 283B(1)(b) – application dismissed.
Acts Interpretation Act 1954, s 14D
Environmental Protection and Other Legislation Amendment Act 2000
Mineral Resources Act 1989, s 283A, s 283B
Petroleum and Gas (Production and Safety) Act 2004, s 537C
AB (a pseudonym) v Independent Broad-based Anti-corruption Commission (2024) 278 CLR 300, cited
Comiskey v Fairhill Coking Coal Pty Ltd [2024] QSC 137, considered
Deimel v Phelps [2022] QLC 6, cited
ERO Georgetown Gold Operations Pty Ltd v Henry (2015) 36 QLCR 318; [2015] QLAC 4, considered
Glencore Coal Queensland Pty Ltd & Ors v Keys & Ors (2014) 35 QLCR 194; [2014] QLAC 2, considered
Hicks & Anor v Graham & Anor [2004] QLRT 47, cited
Nothdurft & Anor v QGC Pty Ltd & Ors (2017) 38 QLCR 91; [2017] QLC 41, applied
R v A2 (2019) 269 CLR 507, cited
Shaw v Idemitsu Australia Resources Pty Ltd [2020] QLC 40, cited
SZTAL v Minister for Immigration and Border Protection (2017) 262 CLR 362, cited
APPEARANCES: A Thompson KC and A Nicholas (instructed by McCullough Robertson) for the applicant
J Horton KC and W Isdale (instructed by Suthers Taylor) for the respondents
Reasons for decision
Fairhill plans to mine coal on the Comiskeys’ land.[1]
[1]‘Old Mount Stuart’, Lot 2 on Crown Plan TT241. Operated…
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- Case
- [2025] QLC 9
- Decision Date
CaseChat Overview and Summary
The primary legal issue the court had to address was whether the agreement to renegotiate the compensation amount, the Supreme Court judgment, or other particulars submitted by the respondents amounted to a "material change in circumstances" for the mining lease under section 283B(1)(b) of the Mineral Resources Act 1989. The court had to interpret the meaning of "material change in circumstances" and determine whether any of the events or agreements in question triggered the application of section 283B(1)(b).
The court analysed the legislative provisions and relevant case law to understand the scope of "material change in circumstances." It found that the agreement to renegotiate the compensation amount did not constitute a material change in circumstances, as it was a consequence of Fairhill's failure to meet its obligations under the original agreement. Furthermore, the court held that the Supreme Court judgment and the other particulars submitted by the respondents did not amount to a material change in circumstances either. The court reasoned that these events did not alter the fundamental nature or circumstances of the mining lease. Consequently, the court dismissed the respondents' application.
The Land Court ordered that the respondents' general application filed on 17 December 2024 be dismissed. The court also mandated that by 4.00pm on 21 May 2025, the parties submit and serve their respective submissions regarding the form of order that should follow from the court's conclusions.
Orders
Orders of the court
The Respondents’ General Application filed on 17 December 2024 is dismissed. 1.
By 4.00pm on 21 May 2025, the parties are entitled to file and serve submissions as to the form of Order that should follow the conclusions expressed in these reasons.2.
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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