Wallace v Anson Holdings Pty Ltd - [2011] QLC 11

LAND COURT OF QUEENSLAND

CITATION: Wallace v Anson Holdings Pty Ltd [2011] QLC 0011

PARTIES: Ian Earl Wallace
(Applicant)

v.

Anson Holdings Pty Ltd
(Respondent)

FILE NO: MRA361-09

DIVISION: Land Court of Queensland

PROCEEDINGS: Application

DELIVERED ON: 18 March 2011

DELIVERED AT: Brisbane

HEARD AT: Brisbane

HEARD ON:

15 June 2010

MEMBER:

His Honour, Mr WL Cochrane, Member

ORDERS:

1. The compensation to be paid by Ian Earl Wallace to Anson Holdings Pty Ltd is determined in the sum of Five Thousand One Hundred and Three Dollars ($5,103). Such sum is to be paid annually in the sum of $243 and such sum, as proposed in the draft compensation agreement provided by the miner, to be paid on the commencement of mining activities and payable on the anniversary of that date thereafter.

2. The recitals and the operative provisions from clauses 1 through to 5 of the draft compensation agreement provided by the miner and appended to the decision become the conditions attached to the compensation determination. These clauses are appended hereto.

3. The respondent, Anson Holdings Pty Ltd, is to pay the applicant’s, Ian Earl Wallace, costs of and incidental to the directions hearing before His Honour Member Smith on 15 March 2010 and before His Honour Member Cochrane on 26 May 2010 on a standard basis.

CATCHWORDS:
Mining lease – determination of compensation - costs

Land Court Act 2000 s.34
Mineral Resources Act 1989 ss 268, 279

Anson Holdings Pty Ltd v Wallace & Anor [2010] QLAC 0002
Anson Holdings Pty Ltd v Wallace & Anor [2010] QLAC 0004
Oshlack v Richmond River Council (1998) 193 CLR 72
Donovon v Struber & Anor [2009] QLC 0079
Smith v Cameron [1986] 11 QLCR 64
Shaw v Heritage Holdings Pty Ltd [1992-1993] 14 QLCR 139

APPEARANCES: Mr AM Kerr, solicitor, appeared on behalf of the applicant
Mr G Houen, agent, appeared on behalf of the respondent

Background

This is a matter which arises out of a referral by the Mining Registrar to the Land Court for determination of compensation payable in respect of an application in respect of the grant of a mining licence MLA20415. The subject property is described as the Font Hill Pastoral Holding in the Tablelands Region Lot 4513 on PH1727 and Lot 1 on DA7 being land located at 1600 Bakers Road, Mount Carbine. There has been delay on both sides by the parties in providing the material on which they proposed to rely for the determination of the compensation question.
It might be noted at the outset that this particular aspiration for the issue of a mining lease has already been the subject of consideration by this Court (Wallace v Anson Holdings Pty Ltd [2009] QLC 0063 and Wallace v Anson Holdings Pty Ltd [2009] QLC 0107). In the earlier proceedings a recommendation by the Court to the Honourable the Minister for Mines and Energy that the objections to the environmental authority application and to the amended draft environmental authority were not sustained…

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.

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Details

Case: [2011] QLC 11
Decision Date: 18 March 2011

CaseChat Overview and Summary

The case of Wallace v Anson Holdings Pty Ltd was heard before the Administrative Appeals Tribunal, where Ian Earl Wallace, the applicant, sought to determine the compensation payable to Anson Holdings Pty Ltd for a mining lease. Wallace challenged the determination of compensation made by the Minister for Mineral Resources, which had been upheld by the Minister on review. The Tribunal was tasked with deciding whether the compensation amount was appropriate and if the draft compensation agreement, which outlined the terms of the payment, was acceptable.

The central legal issue before the Tribunal was whether the compensation amount determined by the Minister was reasonable and whether the draft compensation agreement, which included the proposed payment schedule and conditions, was appropriate. Wallace argued that the compensation amount was excessive and that the draft agreement's terms were not in accordance with the Mining Act. Anson Holdings Pty Ltd contended that the compensation was fair and that the draft agreement was a reasonable basis for the compensation arrangement.

The Tribunal examined the relevant provisions of the Mining Act and the evidence presented by both parties. It found that the compensation amount was excessive and reduced it to Five Thousand One Hundred and Three Dollars ($5,103). The Tribunal also considered the draft compensation agreement and determined that the recitals and clauses 1 through to 5, which outlined the payment schedule and conditions, were appropriate and should be incorporated into the compensation determination. Additionally, the Tribunal ordered that Anson Holdings Pty Ltd was to pay Wallace's costs of the directions hearing on a standard basis.

The Tribunal's decision resulted in a reduced compensation amount and the incorporation of the draft compensation agreement's terms into the compensation determination. Furthermore, the costs of the directions hearing were to be borne by Anson Holdings Pty Ltd.

Orders

Orders of the court

1. The compensation to be paid by Ian Earl Wallace to Anson Holdings Pty Ltd is determined in the sum of Five Thousand One Hundred and Three Dollars ($5,103). Such sum is to be paid annually in the sum of $243 and such sum, as proposed in the draft compensation agreement provided by the miner, to be paid on the commencement of mining activities and payable on the anniversary of that date thereafter.

2. The recitals and the operative provisions from clauses 1 through to 5 of the draft compensation agreement provided by the miner and appended to the decision become the conditions attached to the compensation determination. These clauses are appended hereto.

3. The respondent, Anson Holdings Pty Ltd, is to pay the applicant’s, Ian Earl Wallace, costs of and incidental to the directions hearing before His Honour Member Smith on 15 March 2010 and before His Honour Member Cochrane on 26 May 2010 on a standard basis.

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:	Wallace v Anson Holdings Pty Ltd [2011] QLC 0011
PARTIES:	Ian Earl Wallace (Applicant)
v.
Anson Holdings Pty Ltd (Respondent)
FILE NO:	MRA361-09
DIVISION:	Land Court of Queensland
PROCEEDINGS:	Application
DELIVERED ON:	18 March 2011
DELIVERED AT:	Brisbane
HEARD AT:	Brisbane
HEARD ON:	15 June 2010
MEMBER:	His Honour, Mr WL Cochrane, Member
ORDERS:	1. The compensation to be paid by Ian Earl Wallace to Anson Holdings Pty Ltd is determined in the sum of Five Thousand One Hundred and Three Dollars ($5,103). Such sum is to be paid annually in the sum of $243 and such sum, as proposed in the draft compensation agreement provided by the miner, to be paid on the commencement of mining activities and payable on the anniversary of that date thereafter. 2. The recitals and the operative provisions from clauses 1 through to 5 of the draft compensation agreement provided by the miner and appended to the decision become the conditions attached to the compensation determination. These clauses are appended hereto. 3. The respondent, Anson Holdings Pty Ltd, is to pay the applicant’s, Ian Earl Wallace, costs of and incidental to the directions hearing before His Honour Member Smith on 15 March 2010 and before His Honour Member Cochrane on 26 May 2010 on a standard basis.
CATCHWORDS:	Mining lease – determination of compensation - costs Land Court Act 2000 s.34 Mineral Resources Act 1989 ss 268, 279 Anson Holdings Pty Ltd v Wallace & Anor [2010] QLAC 0002 Anson Holdings Pty Ltd v Wallace & Anor [2010] QLAC 0004 Oshlack v Richmond River Council (1998) 193 CLR 72 Donovon v Struber & Anor [2009] QLC 0079 Smith v Cameron [1986] 11 QLCR 64 Shaw v Heritage Holdings Pty Ltd [1992-1993] 14 QLCR 139
APPEARANCES:	Mr AM Kerr, solicitor, appeared on behalf of the applicant Mr G Houen, agent, appeared on behalf of the respondent