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Landholder Retains Right to be Heard

McClymont v Solar Silicon Resources Group Pty Ltd [2016] QLC 67 (10 November 2016)

The applicant, the owner of the property which is subject to a mining lease held by the respondent, was seeking relief for trespass or nuisance. The respondent sought a summary dismissal of the application stating a compensation agreement with the preceding leasees of the property, agreed at 14 January 2013, was ongoing despite the new owners purchasing the land in May 2014. A review of compensation is only possible where, since the date of the compensation agreement, there has been a material change in circumstances for the mining lease. The court dismissed this request for summary dismissal, with a preliminary finding that a material change of circumstances had occurred, justifying the case to be heard.


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