Kelly v Struber & Anor

The matter before the court involved a dispute over the renewal of a mining lease and the determination of compensation for the affected landowners. The plaintiffs, Kelly, sought compensation for the renewal of a mining lease granted to the defendants, Struber and another. The landowners claimed that the mining lease did not provide sufficient access to their land, and as such, the compensation should be determined based on the use of Court judgments. The case was heard in the Queensland Land Court.

The primary legal issues before the court were whether the mining lease provided adequate access to the landowners' property and the appropriate method for determining compensation. The court had to consider the specific terms of the mining lease, the adequacy of the access provided, and the relevance of previous court judgments in determining the compensation.

The court found that the mining lease did not provide sufficient access to the landowners' property, and as such, the compensation should be determined using the method outlined in previous court judgments. The court considered the specific circumstances of the case, including the nature of the mining operations, the impact on the landowners, and the terms of the mining lease. After considering these factors, the court determined that the compensation should be set at $1830.00 per annum.

The court ordered that the miner pay the determined compensation to the Public Trustee of Queensland on behalf of the landowners within two months from the notification of the issue of the mining lease by the Department of Natural Resources and Mines and thereafter on the anniversary of the renewal of the mining lease.