Mount Isa Mines Ltd v Queensland Nickel Sales Pty Ltd

Mount Isa Mines Ltd sought a declaration and related orders from the Supreme Court of Queensland that it may lawfully remove equipment belonging to Queensland Nickel Sales Pty Ltd from the premises of the Port of Townsville. The equipment belonged to Queensland Nickel Sales Pty Ltd and was located on the premises, which had previously been licensed to Queensland Nickel Sales Pty Ltd for the loading and unloading of nickel ore and refined nickel from vessels. The agreement between the parties had terminated due to Queensland Nickel Sales Pty Ltd’s failure to pay harbour dues. Mount Isa Mines Ltd claimed that Queensland Nickel Sales Pty Ltd’s equipment was trespassing on the premises and sought an order to remove the equipment.

The court was required to determine whether it should make a declaration that Mount Isa Mines Ltd may lawfully remove the equipment and related orders. The court considered the nature of the agreement, the circumstances of its termination, and the status of the equipment on the premises. The court held that the equipment was trespassing on the premises and granted the declaration and related orders sought by Mount Isa Mines Ltd. The court also dismissed Queensland Nickel Sales Pty Ltd’s stay application and ordered Queensland Nickel Sales Pty Ltd to pay damages and costs to Mount Isa Mines Ltd.

The court declared that Mount Isa Mines Ltd may lawfully remove the equipment set out in Schedule 1 to the Application from the premises and ordered that Mount Isa Mines Ltd have leave to file and serve a further amended originating application. The court further ordered that Queensland Nickel Sales Pty Ltd pay damages of $270,215 and the costs of the application and stay application to Mount Isa Mines Ltd. The court also ordered that Queensland Nickel Sales Pty Ltd must accept delivery of the equipment at its premises, provided Mount Isa Mines Ltd gives it three clear days’ notice. The court vacated an earlier order and granted liberty to apply.