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Gregcarbil Pty Ltd v Backus (No. 4)

Gregcarbil Pty Ltd v Backus (No. 4)

Case [2013] QLC 68 20 December 2013

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LAND COURT OF QUEENSLAND

CITATION: Gregcarbil Pty Ltd v Backus & Ors (No. 4) [2013] QLC 68

PARTIES:
Gregcarbil Pty Ltd
(Applicant)

v.

Cameron Backus and Louisa Backus
(Landholders)
(MRA464-13 and MRA465-13)

and

Gregcarbil Pty Ltd
(Applicant)

v.

William James Crowther
(Landholder)
(MRA229-11 and MRA894-11)

FILE NOs: MRA229-11, MRA894-11, MRA464-13 and
MRA465-13

DIVISION: General Division

PROCEEDING: Determination of compensation payable for Mining Leases

DELIVERED ON: 20 December 2013

DELIVERED AT: Brisbane

HEARD ON:

21 October 2013
(1, 2, 3 August 2011
19 October 2011
28, 29, 30 November 2011
19 April 2012)

HEARD AT: Emerald (Clermont and Brisbane)

MEMBER: PA Smith

ORDERS:
1.     As regards MLA 70419 (file MRA 229-11) compensation is determined in the total sum of $96,133.06

2.     Further as regards MLA 70419 (file MRA 229-11) Gregcarbil is ordered to pay the compensation to Mr Crowther by way of instalments, with the sum of $16,133.06 payable within one month of the grant of MLA 70419, followed by payments of $20,000 on the first, second, third and fourth anniversary of the grant of MLA 70419.

3.     As regards MLA 70447 (file MRA 894-11) compensation is determined in the total sum of $102,930.45.

4.     Further as regards MLA 70447 (file MRA 894-11) Gregcarbil is ordered to pay the compensation to Mr Crowther by way of instalments, with the sum of $22,930.45 payable within one month of the grant of MLA 70447, followed by payments of $20,000 on the first, second, third and fourth anniversary of the grant of MLA 70447.

5.     As regards MLA 70419 (file MRA 464-13) compensation for access is determined in the total sum of $2,127.39.

6.     Further as regards MLA 70419 (file MRA 464-13) Gregcarbil is ordered to pay the total compensation of $2,127.39 to Mr and Mrs Backus within one month of the grant of MLA 70419.

7.     As regards MLA 70447 (file MRA 465-13) compensation for access is determined in the total sum of $2,127.39.

8.     Further as regards MLA 70447 (file MRA 465-13) Gregcarbil is ordered to pay the total compensation of $2,127.39 to Mr and Mrs Backus within one month of the grant of MLA 70447.

CATCHWORDS:
Mineral Resources Act 1989

MINING – compensation for mining lease – statutory lands, Mineral Resources Act [MRA] s 281 – method of valuation – conflicting authorities – no separate assessment for each head – principle of equivalence – no “doubling-up” – consider circumstances of each case

MINING – compensation for mining lease – deprivation of use of surface area – relevant factors: term of lease, area impacted, ease of continued grazing – percentage allowance, not a mathematical exercise

MINING – compensation for mining lease – effect on balance land – additional allowance – (0.5%)

MINING – compensation for mining lease – where lease over small area of large holding – method of assessment – valid for total compensation to exceed pro rata value of lease area

MINING – compensation for mining lease – miscellaneous claims – loss of owner’s time allowed – need…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Gregcarbil Pty Ltd v Backus (No. 4)

Details

AGLC: Gregcarbil Pty Ltd v Backus (No. 4) [2013] QLC 68
Case: [2013] QLC 68
Decision Date: 20 December 2013

CaseChat Overview and Summary

Gregcarbil Pty Ltd (the respondent) was granted two mining leases over land owned by Mr Crowther and two adjoining leases over land owned by Mr and Mrs Backus. Mr Crowther and Mr and Mrs Backus brought claims under the Mineral Resources Act for compensation in respect of the mining leases. The claims included compensation for the loss of use of the surface area, compensation for the effect on the balance land, and compensation for access over the adjoining properties. The claims were heard together by the Supreme Court of Queensland.

The court was required to determine the method of assessing compensation for the mining leases under the Mineral Resources Act. The court had to consider whether compensation for the loss of use of the surface area was a percentage allowance or a mathematical exercise. The court also had to consider whether compensation for the effect on the balance land was an additional allowance of 0.5%. The court had to determine whether compensation for access over the adjoining properties included compensation for the cost of gates and grids.

The court held that compensation for the loss of use of the surface area was a percentage allowance, not a mathematical exercise. The court held that compensation for the effect on the balance land was an additional allowance of 0.5%. The court held that compensation for access over the adjoining properties included compensation for the owner’s time, but not for the cost of gates and grids. The court held that the principle of equivalence meant that there should be no “doubling-up” of compensation, and that the circumstances of each case should be considered.

The court ordered that Gregcarbil pay Mr Crowther compensation in the total sum of $96,133.06 and $102,930.45 for the two mining leases, with instalments payable over five years. The court ordered that Gregcarbil pay Mr and Mrs Backus compensation in the total sum of $2,127.39 for each of the two adjoining leases, payable within one month of the grant of the mining leases.

Orders

Orders of the court

1. As regards MLA 70419 (file MRA 229-11) compensation is determined in the total sum of $96,133.06

2. Further as regards MLA 70419 (file MRA 229-11) Gregcarbil is ordered to pay the compensation to Mr Crowther by way of instalments, with the sum of $16,133.06 payable within one month of the grant of MLA 70419, followed by payments of $20,000 on the first, second, third and fourth anniversary of the grant of MLA 70419.

3. As regards MLA 70447 (file MRA 894-11) compensation is determined in the total sum of $102,930.45.

4. Further as regards MLA 70447 (file MRA 894-11) Gregcarbil is ordered to pay the compensation to Mr Crowther by way of instalments, with the sum of $22,930.45 payable within one month of the grant of MLA 70447, followed by payments of $20,000 on the first, second, third and fourth anniversary of the grant of MLA 70447.

5. As regards MLA 70419 (file MRA 464-13) compensation for access is determined in the total sum of $2,127.39.

6. Further as regards MLA 70419 (file MRA 464-13) Gregcarbil is ordered to pay the total compensation of $2,127.39 to Mr and Mrs Backus within one month of the grant of MLA 70419.

7. As regards MLA 70447 (file MRA 465-13) compensation for access is determined in the total sum of $2,127.39.

8. Further as regards MLA 70447 (file MRA 465-13) Gregcarbil is ordered to pay the total compensation of $2,127.39 to Mr and Mrs Backus within one month of the grant of MLA 70447.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Citations

AGLC Citation

Gregcarbil Pty Ltd v Backus (No. 4) [2013] QLC 68

Most Recent Citation

Carabella Resources Limited v Goodwin [2016] QLC 32

Cases citing this decision · 3 of 3 shown

Deane v Burnett
[2016] QLC 45 Para 3

…judgments[9] I consider an amount of $40 per hour to be fair and reasonable in the circumstances. [8] Gregcarbil Pty Ltd v Backus & Ors (No. 4) [2013] QLC 68 [9] Xstrata Coal Queensland Pty Ltd & Ors v Keys & Anor [2013] QLC 34 [30] In my view the alternative mustering option appears to be a more reasonable, wor…
Munns v Wharley
[2016] QLC 35 Para 3

…regcarbil Pty Ltd [2009] QLC 0183 ii.Woels v Hicks [2010] QLC 0137 iii.Salmon v Richardson & Anor [2014] QLC 9 iv.Gregcarbil Pty Ltd v Backus and Ors [2013] QLC 68…
Carabella Resources Limited v Goodwin
[2016] QLC 32 Para 3

…ubling up” of compensation.[9] [8] Horn v Sunderland Corporation [1941] 2 KB 26 at 43 per Jacobs J. [9] Gregcarbil Pty Ltd v Backus & Ors (No. 4) [2013] QLC 68.…

View all 3 citing cases →

Cases cited in this decision · 15 of 15 shown

Cameron v Smith
[2023] NSWCATCD 25 Para 10

…The cases which President Koppenol expressly stated should not be followed in the Tribunal were described as follows: “Eg, Smith v Cameron (1986) 11 QLCR 64 ; Zimmerebner v Hawkins (1999) 20 QLCR 11.” It should be immediately observed that, at [13] of these reasons, I made specific reference to Smith v Cameron . In follo…
Gregcarbil Pty Ltd v Backus (No. 2)
[2013] QLC 46 Para 3

…ugh Nardoo, owned by Cameron Backus (“Mr Backus”) and Louisa Backus (“Mrs Backus”). [1] Gregcarbil Pty Ltd v Backus & Ors (No. 2) [2013] QLC 46.…
Fitzgerald v Struber
[2013] QLC 43 Para 3

…[52] sum of $10 per hectare per year, making in that case a total payment of compensation of $130 per year for the 10 year term of the ML. [51] [2013] QLC 43. [52] At [6].…
Wieben v Camm
[2012] QLC 40 Para 10

…s ;[30] and Sloan & Anor v Weir & Gregcarbil Pty Ltd .[31] [26] [2009] QLC 15 at [4]. [27] [2008] QLC 141 at [7]. [28] [2011] QLC 41 at [5]. [29] [2012] QLC 40 at [28]. [30] [2012] 33 QLCR at 45 at [193]. [31] [2009] QLC 183 at [7].…
Griffin v Bill Scott Rural Pty Ltd as Trustee
[2011] QLC 41 Para 10

…Camm ;[29] Collins v Coates ;[30] and Sloan & Anor v Weir & Gregcarbil Pty Ltd .[31] [26] [2009] QLC 15 at [4]. [27] [2008] QLC 141 at [7]. [28] [2011] QLC 41 at [5]. [29] [2012] QLC 40 at [28]. [30] [2012] 33 QLCR at 45 at [193]. [31] [2009] QLC 183 at [7].…
Mintram v Endeavour Mining Pty Ltd
[2010] QLC 133 Para 4

…andholder successfully sued a miner for the recovery of damages suffered as a result of contamination and death of cattle caused by the miner. [44] [2010] QLC 133. Smith v Cameron…
Barrett v Weir and Gregcarbil Pty Ltd
[2009] QLC 182 Para 6

…Mr Lyons relied on three authorities: Junior Mining ; Barrett v Weir and Gregcarbil Pty Ltd ;[21] and Smith v Cameron .[22] [21] [2009] QLC 182. [22] (1986) 11 QLCR 64. Junior Mining…
Sloan & Anor v Weir & Gregcarbil Pty Ltd
[2009] QLC 183 Para 10

…[2009] QLC 15 at [4]. [27] [2008] QLC 141 at [7]. [28] [2011] QLC 41 at [5]. [29] [2012] QLC 40 at [28]. [30] [2012] 33 QLCR at 45 at [193]. [31] [2009] QLC 183 at [7].…
Endeavour Mining Pty Ltd v Mintram
[2009] QLC 187 Para 9

…that there have been some Land Court decisions in recent years that have allowed an additional amount in excess of 10%.[10] [10] See, for instance, Endeavour Mining Pty Ltd v Mintram & Anor (2009) 30 QLCR 272 at paras [17] and [18] and Queensland Zeolite Pty Ltd v Spencer & Ors (2010) 31 QLCR 60 @ paras [28] and [39]. Murray John Davis…
Re Fitzgerald & Anor
[2009] QLC 15 Para 10

…l Scott Rural Pty Ltd as Trustee and Ors ;[28] Weiben v Camm ;[29] Collins v Coates ;[30] and Sloan & Anor v Weir & Gregcarbil Pty Ltd .[31] [26] [2009] QLC 15 at [4]. [27] [2008] QLC 141 at [7]. [28] [2011] QLC 41 at [5]. [29] [2012] QLC 40 at [28]. [30] [2012] 33 QLCR at 45 at [193]. [31] [2009] QLC 183 at [7]…
Weiben v Great Southern Cattle Holdings Pty Ltd
[2008] QLC 141 Para 10

…ustee and Ors ;[28] Weiben v Camm ;[29] Collins v Coates ;[30] and Sloan & Anor v Weir & Gregcarbil Pty Ltd .[31] [26] [2009] QLC 15 at [4]. [27] [2008] QLC 141 at [7]. [28] [2011] QLC 41 at [5]. [29] [2012] QLC 40 at [28]. [30] [2012] 33 QLCR at 45 at [193]. [31] [2009] QLC 183 at [7].…
Land and Resources Tribunal v Schmidt
[2005] QCA 195 Para 3

…dt & Ors , dismissed the Land and Resources Tribunal’s application, thus holding that the appeal was properly to the Tribunal (Appeal). [36] [36] [2005] QCA 195.…
Zimmerebner v Hawkins
[1999] QLC 71

…9 February 1999) Wills v Minerva Coal Pty Ltd [No. 2] (1998) 19 QLCR 297 Zimmerebner v Hawkins & Anor (1999) 20 QLCR 71 APPEARANCES: Mr AC Barlow of Counsel instructed by Paul Watts & Co, Solicitors, for Gregcarbil Pty Ltd Mr C Backus representing himself and Mrs L Backus Mr R Peters of Anne Murray and Co, Solicitors, for Mr W Crowt…
Fitzgerald & Anor v Struber & Anor
[2009] QLC 0076

…Fitzgerald & Anor [2009] QLC 15 Re Fitzgerald & Anor v SR Struber & Anor [2009] QLC 0076 Fitzgerald v Struber [2013] QLC 43 Barrett v Weir and Gregcarbil Pty Ltd [2009] QLC 182 Gregcarbil Pty Ltd v Backus & Ors (No. 2) [2013] QLC 46 MJ Griffin & Ors v Bill Scott Rural Pty Ltd as Trustee and Ors [2011] QLC 41 Juni…
[1941] 2 KB 26
[1941] 2 KB 26 Para 3

…granted.[7] Of course, great care must also be taken to ensure that there is no “doubling up” of compensation. [7] Horn v Sunderland Corporation [1941] 2 KB 26 at 43 per Jacobs J.…

Legislation cited in this decision · 1

Mineral Resources Act 1989 (Qld)
1 mention (from Para 1)

CITATION:	Gregcarbil Pty Ltd v Backus & Ors (No. 4) [2013] QLC 68
PARTIES:	Gregcarbil Pty Ltd (Applicant)
v.
Cameron Backus and Louisa Backus (Landholders) (MRA464-13 and MRA465-13) and Gregcarbil Pty Ltd (Applicant) v. William James Crowther (Landholder) (MRA229-11 and MRA894-11)
FILE NOs:	MRA229-11, MRA894-11, MRA464-13 and MRA465-13
DIVISION:	General Division
PROCEEDING:	Determination of compensation payable for Mining Leases
DELIVERED ON:	20 December 2013
DELIVERED AT:	Brisbane
HEARD ON:	21 October 2013 (1, 2, 3 August 2011 19 October 2011 28, 29, 30 November 2011 19 April 2012)
HEARD AT:	Emerald (Clermont and Brisbane)
MEMBER:	PA Smith
ORDERS:	1. As regards MLA 70419 (file MRA 229-11) compensation is determined in the total sum of $96,133.06 2. Further as regards MLA 70419 (file MRA 229-11) Gregcarbil is ordered to pay the compensation to Mr Crowther by way of instalments, with the sum of $16,133.06 payable within one month of the grant of MLA 70419, followed by payments of $20,000 on the first, second, third and fourth anniversary of the grant of MLA 70419. 3. As regards MLA 70447 (file MRA 894-11) compensation is determined in the total sum of $102,930.45. 4. Further as regards MLA 70447 (file MRA 894-11) Gregcarbil is ordered to pay the compensation to Mr Crowther by way of instalments, with the sum of $22,930.45 payable within one month of the grant of MLA 70447, followed by payments of $20,000 on the first, second, third and fourth anniversary of the grant of MLA 70447. 5. As regards MLA 70419 (file MRA 464-13) compensation for access is determined in the total sum of $2,127.39. 6. Further as regards MLA 70419 (file MRA 464-13) Gregcarbil is ordered to pay the total compensation of $2,127.39 to Mr and Mrs Backus within one month of the grant of MLA 70419. 7. As regards MLA 70447 (file MRA 465-13) compensation for access is determined in the total sum of $2,127.39. 8. Further as regards MLA 70447 (file MRA 465-13) Gregcarbil is ordered to pay the total compensation of $2,127.39 to Mr and Mrs Backus within one month of the grant of MLA 70447.
CATCHWORDS:	Mineral Resources Act 1989 MINING – compensation for mining lease – statutory lands, Mineral Resources Act [MRA] s 281 – method of valuation – conflicting authorities – no separate assessment for each head – principle of equivalence – no “doubling-up” – consider circumstances of each case MINING – compensation for mining lease – deprivation of use of surface area – relevant factors: term of lease, area impacted, ease of continued grazing – percentage allowance, not a mathematical exercise MINING – compensation for mining lease – effect on balance land – additional allowance – (0.5%) MINING – compensation for mining lease – where lease over small area of large holding – method of assessment – valid for total compensation to exceed pro rata value of lease area MINING – compensation for mining lease – miscellaneous claims – loss of owner’s time allowed – need…