SUPREME COURT OF QUEENSLAND
CITATION:
Symbolic Resources Pty Ltd v Kingham & Ors [2020] QSC 193
PARTIES:
SYMBOLIC RESOURCES PTY LTD (ABN 55 604 407 426)
(Applicant)
v
FLEUR KINGHAM (PRESIDENT OF THE LAND COURT OF QUEENSLAND)
(First Respondent)
and
MALCOLM ROBERT BURSTON
(Second Respondent)
and
DAVID GULLO
(Third Respondent)
and
SHANE ANDREW WATTS AND AMANDA RAE WATTS
(Fourth Respondents)
FILE NO/S:
SC No 11776 of 2019
DIVISION:
Trial
PROCEEDING:
Application for a statutory order of review
ORIGINATING COURT: Land Court of Queensland
DELIVERED ON:
26 June 2020
DELIVERED AT:
Brisbane
HEARING DATE: 14 April 2020 & 15 April 2020
Supplementary submissions received 16 April 2020 (applicant) and 23 April 2020 (fourth respondents)
JUDGE:
Wilson J ORDER:
The orders of the Court are:
1. The Land Court decision made on 27 September 2019, which recommended to the Minister for Natural Resources, Mines and Energy that the MLA100123 be rejected, be declared void and set aside.
2. This matter is remitted to the Land Court to be decided according to law.
3. The question of costs is adjourned to a date to be fixed.
CATCHWORDS:
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – ERROR OF LAW – whether the Land Court decision involved errors of law in relation to the construction and application of s 265(11) of the Mineral Resources Act 1989 (Qld) – whether the respondent’s objection was a ‘properly made objection’ pursuant to ss 265(11) and 260 of the Mineral Resources Act 1989 (Qld) – where an objection is duly served upon delivery of the objection pursuant to s 399(2) of the Mineral Resources Act 1989 (Qld) and s 39A of the Acts Interpretation Act 1954 (Qld) – where service of an objection upon the applicant within the objection period is not a mandatory requirement of s 260 of the Mineral Resources Act 1989 (Qld)
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – ERROR OF LAW – whether the Land Court considered matters not included in an objection in contravention of s 268(3) of the Mineral Resources Act 1989 (Qld) – where the Land Court exceeded its jurisdiction by entertaining a matter not included in an objection
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – ERROR OF LAW – whether the Land Court decision had jurisdiction under s 269(4) of the Mineral Resources Act 1989 (Qld) to consider matters dealt with under a separate statutory regime – whether the Land Court considered the adequacy of the applicant’s environmental authority conditions
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – PROCEDURAL FAIRNESS – HEARING – NATURE OF HEARING – NEW MATTER ARISING IN COURT - where the applicant was self-represented in the initial Land Court proceedings – where the Land Court allowed a new witness to give evidence without prior notice to the applicant – whether the applicant was given a reasonable opportunity to adduce evidence in response to this new evidence – whether the Land Court adequately assisted the applicant as a…
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- Case
- [2020] QSC 193
- Decision Date
CaseChat Overview and Summary
The court examined whether the Land Court had correctly interpreted the statutory provisions and whether it had considered matters not included in the objection. The court also considered if the Land Court had jurisdiction to review the adequacy of the applicant's environmental authority conditions. Furthermore, the court assessed whether the procedural fairness was maintained when a new witness was introduced without notice, and if the applicant had an opportunity to effectively respond and make an informed choice. The court found that the Land Court had indeed erred in its interpretation of the statutory provisions, and that procedural fairness had been breached by introducing new evidence without notice and not allowing the applicant a reasonable opportunity to respond.
The Land Court decision was quashed, and the matter was remitted to the Land Court for reconsideration. The court did not make a final decision on the issue of costs, adjourning it to a later date.
The final orders of the court were to declare the Land Court decision void and set aside, remit the matter to the Land Court for reconsideration, and adjourn the question of costs to a later date.
Orders
Orders of the court
The orders of the Court are:
1. The Land Court decision made on 27 September 2019, which recommended to the Minister for Natural Resources, Mines and Energy that the MLA100123 be rejected, be declared void and set aside.
2. This matter is remitted to the Land Court to be decided according to law.
3. The question of costs is adjourned to a date to be fixed.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.