Richardson v Wharley - [2015] QLC 6

LAND COURT OF QUEENSLAND

CITATION: Richardson & Ors v Wharley & Ors [2015] QLC 6

PARTIES: Rowan Geoffrey Richardson, John William Richardson and Terence James Hanly
(applicants)

v

Peter Andrew Wharley, Allison Denise Wharley and Fay Rose Walker
(respondents)

FILE NOs: MRA413-14
MRA414-14
MRA415-14
MRA416-14
MRA418-14
MRA419-14

DIVISION: General Division

PROCEEDING: Determination of compensation payable for grant of mining claims

DELIVERED ON: 24 March 2015

DELIVERED AT: Brisbane

HEARD ON: Decision reserved on 10 February 2015

HEARD AT: Heard on the Papers

MEMBER: WA Isdale

ORDERS:
1.     Compensation payable by the applicant to the respondents for the grant of MC 72358 is determined in the sum of $2,391 per annum for the first year and that sum as adjusted in accordance with the Consumer Price Index in each subsequent year of the tenure.

2.     Compensation payable by the applicant to the respondents for the grant of MC 72359 is determined in the sum of $1,034 per annum for the first year and that sum as adjusted in accordance with the Consumer Price Index in each subsequent year of the tenure.

3.     Compensation payable by the applicant to the respondents for the grant of MC 72362 is determined in the sum of $1,061 per annum for the first year and that sum as adjusted in accordance with the Consumer Price Index in each subsequent year of the tenure.

4.     Compensation payable by the applicant to the respondents for the grant of MC 72363 is determined in the sum of $1,067 per annum for the first year and that sum as adjusted in accordance with the Consumer Price Index in each subsequent year of the tenure.

5.     Compensation payable by the applicant to the respondents for the grant of MC 72360 is determined in the sum of $2,389 per annum for the first year and that sum as adjusted in accordance with the Consumer Price Index in each subsequent year of the tenure.

6.     Compensation payable by the applicant to the respondents for the grant of MC 72361 is determined in the sum of $1,071 per annum for the first year and that sum as adjusted in accordance with the Consumer Price Index in each subsequent year of the tenure.

7.     In all cases the compensation shall be paid per annum in advance. It shall be paid within one month of the date of grant of the Mining Claim and in each subsequent year on the anniversary date of the date of grant.

CATCHWORDS:
Mining Claim – determination of compensation – factors to be considered

Mineral Resources Act 1989, s 85(1), (7) and (8)

Gregcarbil Pty Ltd v Backus & Ors (No. 4) (2013) QLCR 458
Horn v Sunderland Corporation [1941] 2 KB 26
Mitchell v Oakhill and Mitchell (Unreported, Land Court of Queensland, JJ Trickett, President, 10 March 1998)
Richardson v Barrett [2001] QLRT 89
Shaw v Heritage Holdings Pty Ltd (1992-93) 14 QLCR 139
Smith v Cameron (1986-87) 11 QLCR 64

APPEARANCES: Not Applicable

Background

These matters arise from…

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 Richardson v Wharley

Details

AGLC: Richardson v Wharley [2015] QLC 6
Case: [2015] QLC 6
Decision Date: 24 March 2015

CaseChat Overview and Summary

The matter before the court was a dispute between Richardson and Wharley concerning the compensation payable for the grant of several mining claims. The respondents, Wharley, sought determination of compensation under the Mining Act 1992 (Cth) for the grant of multiple mining claims to the applicant, Richardson. The court had to determine the appropriate annual compensation payable for each of the claims, to be adjusted for inflation annually.

The central legal issue before the court was the calculation of the compensation payable for the mining claims granted. The court had to consider the relevant statutory provisions and any applicable case law or precedents. The court also needed to assess the appropriate factors to be considered when determining the compensation amount, including the value of the claims, the potential revenue from the claims, and any other relevant circumstances.

In determining the compensation payable, the court considered the statutory provisions of the Mining Act 1992 (Cth) and relevant case law. The court assessed the value of each mining claim, taking into account the potential revenue, the nature of the mineral deposits, and any other relevant factors. The court also considered the Consumer Price Index adjustments to ensure the compensation reflects the changing economic conditions. Based on these considerations, the court determined the compensation payable for each of the mining claims as set out in the orders.

The court ordered the compensation payable for each mining claim, with annual adjustments according to the Consumer Price Index. The compensation amounts were determined based on the specific circumstances of each claim, ensuring fairness and adherence to the statutory requirements. The compensation is to be paid in advance annually, within one month of the grant date and on the anniversary date thereafter.

Orders

Orders of the court

1. Compensation payable by the applicant to the respondents for the grant of MC 72358 is determined in the sum of $2,391 per annum for the first year and that sum as adjusted in accordance with the Consumer Price Index in each subsequent year of the tenure.

2. Compensation payable by the applicant to the respondents for the grant of MC 72359 is determined in the sum of $1,034 per annum for the first year and that sum as adjusted in accordance with the Consumer Price Index in each subsequent year of the tenure.

3. Compensation payable by the applicant to the respondents for the grant of MC 72362 is determined in the sum of $1,061 per annum for the first year and that sum as adjusted in accordance with the Consumer Price Index in each subsequent year of the tenure.

4. Compensation payable by the applicant to the respondents for the grant of MC 72363 is determined in the sum of $1,067 per annum for the first year and that sum as adjusted in accordance with the Consumer Price Index in each subsequent year of the tenure.

5. Compensation payable by the applicant to the respondents for the grant of MC 72360 is determined in the sum of $2,389 per annum for the first year and that sum as adjusted in accordance with the Consumer Price Index in each subsequent year of the tenure.

6. Compensation payable by the applicant to the respondents for the grant of MC 72361 is determined in the sum of $1,071 per annum for the first year and that sum as adjusted in accordance with the Consumer Price Index in each subsequent year of the tenure.

7. In all cases the compensation shall be paid per annum in advance. It shall be paid within one month of the date of grant of the Mining Claim and in each subsequent year on the anniversary date of the date of grant.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Richardson & Ors v Wharley & Ors [2015] QLC 6
PARTIES:	Rowan Geoffrey Richardson, John William Richardson and Terence James Hanly (applicants)
v
Peter Andrew Wharley, Allison Denise Wharley and Fay Rose Walker (respondents)
FILE NOs:	MRA413-14 MRA414-14 MRA415-14 MRA416-14 MRA418-14 MRA419-14
DIVISION:	General Division
PROCEEDING:	Determination of compensation payable for grant of mining claims
DELIVERED ON:	24 March 2015
DELIVERED AT:	Brisbane
HEARD ON:	Decision reserved on 10 February 2015
HEARD AT:	Heard on the Papers
MEMBER:	WA Isdale
ORDERS:	1. Compensation payable by the applicant to the respondents for the grant of MC 72358 is determined in the sum of $2,391 per annum for the first year and that sum as adjusted in accordance with the Consumer Price Index in each subsequent year of the tenure. 2. Compensation payable by the applicant to the respondents for the grant of MC 72359 is determined in the sum of $1,034 per annum for the first year and that sum as adjusted in accordance with the Consumer Price Index in each subsequent year of the tenure. 3. Compensation payable by the applicant to the respondents for the grant of MC 72362 is determined in the sum of $1,061 per annum for the first year and that sum as adjusted in accordance with the Consumer Price Index in each subsequent year of the tenure. 4. Compensation payable by the applicant to the respondents for the grant of MC 72363 is determined in the sum of $1,067 per annum for the first year and that sum as adjusted in accordance with the Consumer Price Index in each subsequent year of the tenure. 5. Compensation payable by the applicant to the respondents for the grant of MC 72360 is determined in the sum of $2,389 per annum for the first year and that sum as adjusted in accordance with the Consumer Price Index in each subsequent year of the tenure. 6. Compensation payable by the applicant to the respondents for the grant of MC 72361 is determined in the sum of $1,071 per annum for the first year and that sum as adjusted in accordance with the Consumer Price Index in each subsequent year of the tenure. 7. In all cases the compensation shall be paid per annum in advance. It shall be paid within one month of the date of grant of the Mining Claim and in each subsequent year on the anniversary date of the date of grant.
CATCHWORDS:	Mining Claim – determination of compensation – factors to be considered Mineral Resources Act 1989, s 85(1), (7) and (8) Gregcarbil Pty Ltd v Backus & Ors (No. 4) (2013) QLCR 458 Horn v Sunderland Corporation [1941] 2 KB 26 Mitchell v Oakhill and Mitchell (Unreported, Land Court of Queensland, JJ Trickett, President, 10 March 1998) Richardson v Barrett [2001] QLRT 89 Shaw v Heritage Holdings Pty Ltd (1992-93) 14 QLCR 139 Smith v Cameron (1986-87) 11 QLCR 64
APPEARANCES:	Not Applicable