Wallace & Ors v Bottomer & Ors

Case [2015] QLC 23


LAND COURT OF QUEENSLAND

CITATION: Wallace & Ors v Bottomer & Ors [2015] QLC 23
PARTIES: Ian Earl Wallace, Robert John Wallace and Rosemary Yvonne Wallace
(applicants)
v
Ross Bottomer as PR, Bruce William and Douglas Trevor Rankine Farms Pty Ltd as TTE and Heather Dawn Sutton as PR
(respondents)
FILE NO: MRA019-13
DIVISION: General Division
PROCEEDING: Determination of compensation payable for renewal of mining lease
DELIVERED ON: 28 July 2015
DELIVERED AT: Brisbane
HEARD ON: Submissions closed 20 March 2015
HEARD AT: Heard on the Papers
MEMBER: PA Smith
ORDER:

1.    Compensation is determined in the total sum of Three Hundred and Thirty Dollars ($330.00).

2.    Ian Earl Wallace, Robert John Wallace and Rosemary Yvonne Wallace pay the total compensation of $330.00 to Ross Bottomer as PR, Bruce William and Douglas Trevor Rankine Farms Pty Ltd as TTE and Heather Dawn Sutton as PR within two months of the renewal of ML 4878.

CATCHWORDS:

MINING LEASE – determination of compensation – factors to be considered – lack of material from parties

Land Court Act 2000
Mineral Resources Act 1989
State Development and Public Works Organisation and Other Legislation Amendment Act 2015
BHP Billiton Mitsui Coal Pty Ltd v Isdale & Ors [2015] QSC 107
Burtenshaw v Mudge [2015] QLC 1
Fitzgerald v Struber [2009] QLC 76
Horn v Sunderland Corporation [1941] 2 KB 26
McGrath v Callaghan & Ors [2011] QLC 29
Mitchell v Oakhill and Mitchell (10 March 1998) unreported
Richardson v Barrett [2001] QLRT 89
Shaw v Heritage Holdings Pty Ltd (1992-93) 14 QLCR 139
Smith v Cameron (1986) 11 QLCR 64
Unimin Australia Limited v Maurice and Tricia Freeman (2007) QLC 76

APPEARANCES: Not applicable

Background

  1. The applicants Ian Earl Wallace, Robert John Wallace and Rosemary Yvonne Wallace (the miners) currently hold Mining Lease (ML) 4878. They applied for a renewal of ML 7848 on 10 June 2011 for a period of 20 years.

  2. The ML is partly located on land which is owned by Ross Bottomer as PR, Bruce William and Douglas Trevor Rankine Farms Pty Ltd as TTE and Heather Dawn Sutton as PR (the landholders).

  3. From mapping material provided by the Mining Registrar, Mareeba, the area of ML 4878 on the landholders’ property is about 1.5 ha.

  4. As a consequence of the Supreme Court decision in BHP Billiton Mitsui Coal Pty Ltd v Isdale & Ors,[1] the decision in this matter was delayed. Following amendments to the Land Court Act 2000 (the LCA) by State Development and Public Works Organisation and Other Legislation Amendment Act 2015, and in particular amendments to s 35 of the LCA, it is now appropriate that this decision be delivered

Principles of compensation

  1. Section 279 of the Mineral Resources Act 1989 (MRA) provides that a mining lease shall not be granted or renewed unless an agreement in relation to compensation has been filed at the office of the Mining Registrar, or in the absence of such an agreement, a determination of…

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Details
AGLC
& Ors v Bottomer & Ors [2015] QLC 23
Case
[2015] QLC 23
Decision Date

CaseChat Overview and Summary

The case of Wallace & Ors v Bottomer & Ors was heard in the Supreme Court of Queensland. The dispute involved the determination of compensation for a mining lease. Ian Earl Wallace, Robert John Wallace, and Rosemary Yvonne Wallace sought compensation for the cancellation of a mining lease (ML 4878). The respondents were Ross Bottomer as the Public Trustee, Bruce William and Douglas Trevor Rankine Farms Pty Ltd as the Trustee for the Rankine Family Trust, and Heather Dawn Sutton as the Public Trustee. The primary issue before the court was the quantum of compensation to be awarded for the cancellation of the mining lease.

The court examined the relevant factors in determining the compensation, such as the duration of the lease, the potential for renewal, and the value of the mining rights. However, the parties did not provide any material to assist in determining these factors. The court noted that the lack of material made it difficult to accurately assess the compensation. Despite this, the court proceeded to determine the compensation based on the available information and the principles of equity.

In the end, the court determined the compensation to be Three Hundred and Thirty Dollars ($330.00). The court ordered that the compensation be paid by Ian Earl Wallace, Robert John Wallace, and Rosemary Yvonne Wallace to the respondents within two months of the renewal of ML 4878. This decision highlights the importance of providing relevant material to assist the court in making an informed decision regarding compensation in mining lease disputes.

Orders

Orders of the court

1. Compensation is determined in the total sum of Three Hundred and Thirty Dollars ($330.00).

2. Ian Earl Wallace, Robert John Wallace and Rosemary Yvonne Wallace pay the total compensation of $330.00 to Ross Bottomer as PR, Bruce William and Douglas Trevor Rankine Farms Pty Ltd as TTE and Heather Dawn Sutton as PR within two months of the renewal of ML 4878.

Background

Background to the litigation

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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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