Gregcarbil Pty Ltd v Backus (No. 4)

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.