Monto Resources v Department of Natural Resources and Mines

Monto Resources Pty Ltd, the applicant, sought a stay of a water licence issued to several other parties by the Chief Executive of the Department of Natural Resources and Mines, the first respondent, and confirmed by a review decision. The second respondents, Monto Coal 2 Pty Ltd, Sanrus Pty Ltd, H & J Enterprises (Qld) Pty Ltd, and Edge Development Pty Ltd, were also parties to the proceedings. The dispute was heard in the Land Court of Queensland.

The primary legal issue before the court was whether to grant a stay of the water licence and review decision pending the outcome of the applicant's appeal to the Land Court. This required the court to consider the balance of convenience and the likelihood of success of the appeal. The court also needed to determine whether the applicant had demonstrated a sufficient case for an interlocutory injunction.

The court, presided over by Mr. JJ Trickett, considered the application for a stay on the basis of the applicant's likelihood of success on the merits of the appeal and the balance of convenience. The applicant had demonstrated that it had a strong case on appeal, particularly regarding the statutory criteria for issuing a water licence. The court found that the balance of convenience favoured granting the stay, as the applicant would suffer significant harm if the licence were not stayed, while the respondents would not be unduly prejudiced. Consequently, the court granted the stay as sought by the applicant. The costs of the application were reserved for later determination.

The Land Court ordered that the decision of the Chief Executive of the Department of Natural Resources and Mines to issue the water licence and the review decision confirming that decision be stayed pending the outcome of the applicant's appeal. The court also ordered that the costs of the application be reserved for later determination.