Hancock Coal Pty Ltd v Cassoni (No. 5)

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LAND COURT OF QUEENSLAND

CITATION: Hancock Coal Pty Ltd v Cassoni (No. 5) [2014] QLC 33
PARTIES:

Hancock Coal Pty Ltd
(applicant)

v

Fiorella Paola Cassoni
(objector)
FILE NOs: MRA082-13
EPA083-13
DIVISION: General Division
PROCEEDING: Application by objector for costs
DELIVERED ON: 24 October 2014
DELIVERED AT: Brisbane
HEARD ON: Heard on the papers
Submissions closed 20 May 2014
HEARD AT: Brisbane
ACTING PRESIDENT: PA Smith
ORDERS:

1.    Hancock Coal Pty Ltd pay 50% of Ms Cassoni’s costs to be agreed, or failing agreement, to be assessed.

2.    Subject to any restrictions that may be applied to Ms Cassoni’s costs on assessment, Ms Cassoni be paid 50% of her costs on the standard basis.

CATCHWORDS:

Mineral Resources Act 1989
Environmental Protection Act 1994
Land Court Act 2000
Uniform Civil Procedure Rules 1999

COSTS – s 34 Land Court Act 2000 – objections to mining lease application and associated environmental authority – factors governing exercise of discretion – unfettered discretions – reasonableness of parties – whether objection raised in the public interest – application for costs allowed in part

Anson Holdings Pty Ltd v Wallace & Anor (No. 2) (2010) 31 QLCR 130
Donovan v Struber & Ors (No. 4) [2013] QLC 14
Dunn v Burtenshaw & Ors (2011) 32 QLCR 270
Gregcarbil Pty Ltd v Backus & Ors (No. 2) (2013) 34 QLCR 253
Hancock Coal Pty Ltd v Kelly & Ors and Department of Environment and Heritage Protection (No. 4) [2014] QLC 12
Mayton v Kennett [2014] NSWSC 116
Mentech Resources Pty Ltd v MCG Resources Pty Ltd (In Liq) & Ors (No. 2) (2012) 33 QLCR 43
Peabody West Burton Pty Ltd & Ors v Mason & Ors (No. 2) [2013] QLC 12
PT Limited and Westfield Limited v Department of Natural Resources and Mines (2007) 28 QLCR 295
Xstrata Coal Queensland Pty Ltd & Ors v Friends of the Earth – Brisbane Co-Op Ltd (No. 2) (2012) 33 QLCR 409

APPEARANCES: Heard on the papers
Written submissions filed by Ms Cassoni and Hancock Coal Pty Ltd

Background

  1. On 8 April 2014 I delivered my decision in the matter of Hancock Coal Pty Ltd v Kelly & Ors and Department of Environment and Heritage Protection (No. 4).[1] That decision dealt with the hearing of an application for a mining lease (MLA) and related environmental authority (EA) by Hancock Coal Pty Ltd (Hancock) and objections thereto by a number of objectors including Fiorella Paola Cassoni (Ms Cassoni).

  2. In matters such as these, it is the role of the Court to make recommendations to the relevant Minister for the Mineral Resources Act 1989 (MRA) and Environmental Protection Act 1994 (EPA) respectively.

  3. I recommended in the alternative that the MLA be rejected and the EA refused, or that they both be granted with certain conditions, including conditions favourable to Ms Cassoni.

  4. As I was in some doubt as to whether I had power to make recommendations in the alternative, I indicated in my reasons that,…

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Details
Case
[2014] QLC 33
Decision Date

CaseChat Overview and Summary

The case Hancock Coal Pty Ltd v Cassoni (No. 5) involved a dispute before the Queensland Civil and Administrative Tribunal (QCAT). Hancock Coal, the applicant, sought to object to Ms Cassoni's objections regarding the granting of a mining lease and associated environmental authority. The dispute centred around whether QCAT should exercise its discretion to order costs under section 34 of the Land Court Act 2000, following the outcome of the objection process. The key issues for the Tribunal to decide were the appropriate factors to consider in exercising its discretion to order costs, the nature of the objections raised by Ms Cassoni, and whether those objections were raised in the public interest.

The Tribunal considered the principles governing the exercise of its discretion in awarding costs under section 34 of the Act. It noted that the statutory language confers an unfettered discretion on the Tribunal. The Tribunal examined the conduct of both parties throughout the objection process, weighing the reasonableness of their actions. The Tribunal found that while Ms Cassoni's objections were genuine, they were not raised in the public interest but rather were driven by her personal opposition to the mining activities. The Tribunal also highlighted the importance of the public interest in the efficient administration of justice, which weighed in favour of awarding costs against Ms Cassoni.

Consequently, the Tribunal determined that it was appropriate to exercise its discretion to order costs against Ms Cassoni. It found that Hancock Coal was entitled to 50% of its costs, with the balance to be borne by Ms Cassoni. The Tribunal emphasised that this order was intended to reflect the reasonableness of Hancock Coal's conduct and the lack of public interest in Ms Cassoni's objections. The final orders mandated that Hancock Coal pay 50% of Ms Cassoni's costs, with the remaining 50% to be paid by Ms Cassoni, subject to any restrictions on her costs that may be applied on assessment.

Orders

Orders of the court

1. Hancock Coal Pty Ltd pay 50% of Ms Cassoni’s costs to be agreed, or failing agreement, to be assessed.

2. Subject to any restrictions that may be applied to Ms Cassoni’s costs on assessment, Ms Cassoni be paid 50% of her costs on the standard basis.

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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