Keyse v Phillipson & Ors - [2016] QLC 40

LAND COURT OF QUEENSLAND

CITATION: Keyse v Phillipson & Ors [2016] QLC 40

PARTIES: Terry David Keyse
(applicant)

v

Neville J Phillipson, Leonie G Phillipson, Kelvin R Sibson, Lynette E Sibson, Dale K Sibson, Robert L Wight, Rachael G Wight, Craig L Wight and Mark L Wight
(respondents)

FILE NO: MRA414-15
MRA415-15

DIVISION: General Division

PROCEEDINGS: Determination of compensation payable for grant of mining claim

DELIVERED ON: 7 July 2016

DELIVERED AT: Brisbane

HEARD ON: Submissions closed 11 November 2016

HEARD AT: Heard on the papers

JUDICIAL REGISTRAR: GJ Smith

ORDER:
1.     In respect of MC 10034 compensation is determined in an amount of $22 per annum in respect of the renewal period of 10 years, giving a total amount of $220.00.

2.    In respect of MC 10035 compensation is determined in an amount of $17 per annum in respect of the renewal period of 10 years, giving a total amount of $170.00.

3.    That the applicant Terry David Keyse pay compensation to the respondents in the amount set out in Orders 1 and 2 within three months from notification of the grant of the mining claims by the Department of Natural Resources and Mines.

CATCHWORDS:
MINING CLAIM – grant – determination of compensation – claim area – access – mining district – use of Court judgments for determination purposes.

Mineral Resources Act 1989 s 85

Alphadale Pty Ltd v Dore & Ors [2014] QLC 25
Burtenshaw v Mudge [2015] QLC 1
Mitchell v Oakhill and Mitchell (Unreported, Land Court of Queensland, JJ Trickett, President, 10 March 1998
Wills v Minerva Coal Pty Ltd [No. 2] (1998)19 QCLR 297

APPEARANCES: Not applicable

These matters involve referrals to the Land Court pursuant to s 85(5) of the Mineral Resources Act 1989 (MRA) for the determination of compensation in respect of the grant of mining claims MC 10034 and MC 10035.

Background

The applicant, Terry David Keyse (the applicant) applied for the grant of mining claims
MC 10034 and MC 10035 on 10 July 2014. The land upon which the proposed mining claims are located is approximately 55 km east south-east of Ayr, within the Charters Towers mining district. The land is within the Whitsunday Regional Council local government area. The purpose of the proposed grant is for the mining of Gold.
The land upon which the mining claims and access tracks are situated is owned by Neville J Phillipson, Leonie G Phillipson, Kelvin R Sibson, Lynette E Sibson, Dale K Sibson, Robert L Wight, Rachael G Wight, Craig L Wight and Mark L Wight (the respondents). The land is more particularly described as Lot 91 on Crown Plan SB749, is approximately 2040 hectares and is used for grazing purposes.
The specific Land Court reference and tenure details are set out as follows:

Court Reference Tenure ID Tenure Area Purpose Term

MRA414-15 MC 10034 0.9056 ha Gold 10 years

MRA415-15 MC 10035 0.8741 ha Gold 10 years

Relevant Legislation

Section 85 of the MRA provides that a mining claim shall not be…

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 Keyse v Phillipson & Ors

Details

AGLC: Keyse v Phillipson & Ors [2016] QLC 40
Case: [2016] QLC 40
Decision Date: 7 July 2016

CaseChat Overview and Summary

Keyse v Phillipson & Ors involved a dispute over the compensation payable for mining claims granted to the applicants. The case was heard in the Queensland Civil and Administrative Tribunal, where the Tribunal was tasked with determining the compensation for two mining claims, MC 10034 and MC 10035. The applicants, Terry David Keyse, sought compensation for the renewal periods of these mining claims. The respondents, Phillipson and others, argued that the compensation payable was lower than what was claimed by the applicants.

The primary legal issue before the Tribunal was the appropriate amount of compensation to be paid to the respondents for the mining claims. The Tribunal had to consider the relevant statutory provisions and case law to determine the compensation. In particular, the Tribunal needed to assess the value of the mining claims, the access to the claims, and the use of previous court judgments to inform the compensation determination.

The Tribunal determined the compensation by considering the statutory provisions and case law. It found that the mining claims were located within a mining district, which influenced the compensation payable. The Tribunal also considered the access to the claims and the use of previous court judgments to inform its decision. Ultimately, the Tribunal decided that the compensation for MC 10034 should be $22 per annum for the renewal period of 10 years, totaling $220. For MC 10035, the compensation was set at $17 per annum for the same renewal period, totaling $170. The Tribunal ordered that the applicant pay the compensation to the respondents within three months of the notification of the grant of the mining claims by the Department of Natural Resources and Mines.

Orders

Orders of the court

1. In respect of MC 10034 compensation is determined in an amount of $22 per annum in respect of the renewal period of 10 years, giving a total amount of $220.00.

2. In respect of MC 10035 compensation is determined in an amount of $17 per annum in respect of the renewal period of 10 years, giving a total amount of $170.00.

3. That the applicant Terry David Keyse pay compensation to the respondents in the amount set out in Orders 1 and 2 within three months from notification of the grant of the mining claims by the Department of Natural Resources and Mines.

Background

Background to the litigation

Full text does not contain this section.

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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CITATION:	Keyse v Phillipson & Ors [2016] QLC 40
PARTIES:	Terry David Keyse (applicant)
v
Neville J Phillipson, Leonie G Phillipson, Kelvin R Sibson, Lynette E Sibson, Dale K Sibson, Robert L Wight, Rachael G Wight, Craig L Wight and Mark L Wight (respondents)
FILE NO:	MRA414-15 MRA415-15
DIVISION:	General Division
PROCEEDINGS:	Determination of compensation payable for grant of mining claim
DELIVERED ON:	7 July 2016
DELIVERED AT:	Brisbane
HEARD ON:	Submissions closed 11 November 2016
HEARD AT:	Heard on the papers
JUDICIAL REGISTRAR:	GJ Smith
ORDER:	1. In respect of MC 10034 compensation is determined in an amount of $22 per annum in respect of the renewal period of 10 years, giving a total amount of $220.00. 2. In respect of MC 10035 compensation is determined in an amount of $17 per annum in respect of the renewal period of 10 years, giving a total amount of $170.00. 3. That the applicant Terry David Keyse pay compensation to the respondents in the amount set out in Orders 1 and 2 within three months from notification of the grant of the mining claims by the Department of Natural Resources and Mines.
CATCHWORDS:	MINING CLAIM – grant – determination of compensation – claim area – access – mining district – use of Court judgments for determination purposes. Mineral Resources Act 1989 s 85 Alphadale Pty Ltd v Dore & Ors [2014] QLC 25 Burtenshaw v Mudge [2015] QLC 1 Mitchell v Oakhill and Mitchell (Unreported, Land Court of Queensland, JJ Trickett, President, 10 March 1998 Wills v Minerva Coal Pty Ltd [No. 2] (1998)19 QCLR 297
APPEARANCES:	Not applicable

Court Reference	Tenure ID	Tenure Area	Purpose	Term
MRA414-15	MC 10034	0.9056 ha	Gold	10 years
MRA415-15	MC 10035	0.8741 ha	Gold	10 years