Glencore Coal Queensland Pty Ltd v Keys

Glencore Coal Queensland Pty Ltd and Glencore Coal Queensland Holdings Pty Ltd appealed against the Land Court’s determination of compensation payable to the respondents as a condition precedent to the grant of mining leases over their properties. The Land Court assessed the compensation based on comparable sales and the impact of the mining leases on the value of the properties. The appellants argued that the Land Court erred in its approach to assessing compensation, particularly in its consideration of comparable sales and the impact of the mining leases on the value of the properties.

The central legal issues were whether the Land Court correctly applied the approach used in Wills v Minerva Coal Pty Ltd [No 2] in assessing the amount of compensation, and whether the court correctly considered the comparable sales and the impact of the mining leases on the value of the properties. The appellants contended that the Land Court should have adopted a different approach to assessing compensation, particularly in light of the differing circumstances from the Wills case. They also argued that the Land Court incorrectly considered certain properties as comparable sales and failed to adequately account for the impact of the mining leases on the value of the properties.

The Land Appeal Court dismissed the appeal, finding that the Land Court did not err in its assessment of compensation. The court held that the Land Court was in as good a position as the Land Court to reach conclusions about the value of the land, and that the approach used in Wills was applicable to the facts of this case. The court also found that the Land Court did not err in considering the comparable sales and the impact of the mining leases on the value of the properties, as it had considered the relevant factors and applied the appropriate principles in reaching its decision.

The appeal is dismissed.