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Kohler & others v Croton as delegate of the Minister for Natural Resources, Mines & Energy [2021] QSC 72

12-4-21 / Scott McLeod QC, Matthew Hickey — Judicial Review & Administrative, Resources & Energy

The applicants applied for exploration permits for minerals other than coal (EPM) under the Mineral Resources Act 1989. The Minster’s delegate refused them for virtually identical reasons, including a history of non-compliance (by the applicant or a related person) with the Environmental Protection Act 1994. The applicants each brought an…

Mallonland Pty Ltd & Anor v Advanta Seeds Pty Ltd [2021] QSC 74

9-4-21 / Nicholas Andreatidis QC, Mei Barnes — Class Actions

This case is the first proceeding tried as a class action under Part 13A of the Civil Proceedings Act 2010 (Qld). The plaintiffs were crop farmers who had purchased and planted seed produced by the defendant seed company. The plaintiffs sought damages for negligence and misleading and deceptive conduct in…

Highgate Partners Qld Pty Ltd v Sunshine Coast Regional Council [2021] QPEC 15

30-3-21 / Timothy Stork — Planning & Environment

The Planning and Environment Court of Queensland granted an application for a minor change to a development approval that had been previously granted by the Court, pursuant to s 78 of the Planning Act 2016 (Qld). This required satisfaction of the requirements under s 79 of the Planning Act 2016 (Qld), particularly as to whether s…

Le v Commissioner of Taxation [2021] FCA 303

30-3-21 / Michael May — Tax

This was an appeal to the Federal Court from an Administrative Appeals Tribunal review regarding tax assessments that were issued on the basis of an ‘asset betterment’ analysis. At the Tribunal, the taxpayers’ case was largely rejected on the basis of adverse credit findings, although the Tribunal made some adjustments…

HSBC Bank Australia Ltd v Wang & Ors [2021] QSC 58

25-3-21 / Shane Monks — Contract

In 2009, the first respondents purchased a “trophy home” property on the Gold Coast, financed in part by the applicant. The first respondents fell into arrears on the loan and after the applicant obtained default judgment for recovery of possession of the property it contracted to sell it to the…