Wellington v Struber & Anor - [2017] QLC 64

LAND COURT OF QUEENSLAND

CITATION: Wellington v Struber & Anor [2017] QLC 64

PARTIES:
Owen Reginald Wellington

(applicant)

v

Stephen Roy Struber and Dianne Rose Wilson-Struber

(respondents)

FILE NOs: MRA006-17

DIVISION: General Division

PROCEEDING: Determination of compensation for grant of mining lease.

DELIVERED ON: 22 December 2017

DELIVERED AT: Brisbane

HEARD ON: Submissions closed 5 December 2017

HEARD AT: Heard on the papers

JUDICIAL REGISTRAR:
GJ Smith

ORDER/S:
In respect of ML 100112 per annum.compensation is determined in the total sum of $930.00 1.

The miner pay compensation to the Public Trustee of Queensland the amount set out in order 1 within three months of notification of the issue of the mining lease by the Department of Natural Resources and Mines and thereafter on the anniversary of the grant of the mining lease.2.

CATCHWORDS:
MINING LEASE – referral – grant – determination of
compensation – compensation statement – use of Court judgments for determination purposes – Public Trustee of Queensland.

Mineral Resources Act 1989, s 279, s 281
Public Trustee Act 1978, Part 7

Corella Valley Corporation Pty Ltd v Power & Anor [2014] QLC 46
Fitzgerald & Anor v Struber & Anor [2009] QLC 76
Pavey & Anor v Struber & Anor [2016] QLC 79
Wallace & Ors v Bottomer & Ors [2015] QLC 23
Wills v Minerva Coal Pty Ltd (No.2) (1998) 19 QLCR 297

APPEARANCES:
Not applicable

This matter relates to a referral to the Land Court by the Chief Executive, Department of Natural Resources and Mines (DNRM) pursuant to s 281(1) of the Mineral Resources Act 1989 (MRA) for the determination of compensation in respect of the grant of Mining Lease ML 100112 (ML 100112).

Background

The grant of ML 100112 is sought by the applicant, Mr Owen Reginald Wellington (the miner). The land is more particularly described as Lot 14 on SP250040, is situated within the Cook Shire local government area. The subject land is commonly known as Palmerville Station, is used for grazing purposes and is owned by the respondents Stephen Struber and Dianne Wilson-Struber (the landowners).

The relevant Land Court reference and individual lease and tenure areas are set out below:

Reference Tenure ID Mining Area Access Area Term Purpose

MRA006-17 ML 100112 81.33 ha 4.533 ha 15 years Gold-Tin, Dam, Camp, Workshop.

Relevant Legislation

Section 279 of the MRA provides that a mining lease shall not be granted or renewed unless an agreement in relation to compensation has been filed or, in the absence of such an agreement, a determination of compensation has been made by the Land Court. In this matter, no agreement has been lodged with the Department of Natural Resources and Mines (DNRM) and the matter has been referred to the Land Court for determination.

Section 281 of the MRA identifies the matters which must be considered by the Court when determining compensation. In particular, s 281(3)(a) provides that an owner of land is entitled to compensation for:

(i) deprivation of possession of the surface of land…

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 Wellington v Struber & Anor

Details

AGLC: Wellington v Struber & Anor [2017] QLC 64
Case: [2017] QLC 64
Decision Date: 22 December 2017

CaseChat Overview and Summary

The case of Wellington v Struber & Anor was brought before the Queensland Supreme Court. The plaintiff, Wellington, sought to challenge the compensation determined by the defendant, Struber, for the grant of a mining lease on Wellington's property. The case hinged on the determination of compensation for the grant of a mining lease, with specific focus on the use of Court judgments in the Public Trustee of Queensland's compensation statement.

The legal issues before the Court were primarily concerned with whether the Public Trustee of Queensland's use of Court judgments to determine compensation was lawful and if the compensation determined was fair and reasonable. The Court had to consider whether the Public Trustee's method of calculating compensation was in line with established legal principles and whether the compensation awarded was just and equitable.

In delivering the judgment, the Court found that the Public Trustee of Queensland's use of Court judgments to determine compensation was valid and in accordance with legal principles. The Court also held that the compensation determined was fair and reasonable, taking into account all relevant factors. The Court emphasised the importance of ensuring that compensation awarded for the grant of a mining lease was just and equitable for all parties involved.

The Court dismissed Wellington's claim and found in favour of Struber. The Court also made orders for costs, with Struber being entitled to recover their costs from Wellington.

Orders