22-7-22 / Shane Doyle QC, Anthony Messina — Contract, Resources & Energy
Mineralogy Pty Ltd and Adani Mining Pty Ltd entered a royalty deed concerning Adani’s Carmichael Coal Mine. The deed restricted Adani’s right to grant an encumbrance over its rights including under the royalty deed. The deed also contained a dispute resolution clause under which all disputes could be referred to expert…
Carmelo Ginardi & Anor v Brisbane City Council [2022] QPEC 24
14-7-22 / John Ware — Planning & Environment
The Applicant sought an order pursuant to s72(2)(b) of the Planning Act 2016 (Qld). The appellants sought to commence the development project in circumstances where the appeal would not be affected. The respondent imposed conditions with intent to use the dwelling house for a development application, resulting in substantial material…
Mr Whyte, the court appointed receiver of LM First Mortgage Income Fund, brought an interlocutory application for judicial advice regarding his authority to settle proceedings and cause LMIM to enter and perform terms of settlement (see Re LM Investment Management Ltd (in liq) [2022] QSC 132). Mr Russell, appearing on…
An ex parte interlocutory application seeking orders as to whether the applicant was justified in settling proceedings on agreed terms of settlement. Mr Whyte was appointed, by order of the Supreme Court of Queensland under the Corporations Act 2001 (Cth), responsibility for winding up LM First Mortgage Income Fund and…
21-6-22 / Michael Hodge QC — Corporations, Contract
ICRA Rolleston Pty Ltd (ICRA), Rolleston Coal Holdings Pty Ltd (Rolleston) and Sumisho Coal Australia Pty Ltd (Sumisho) were parties to a joint venture agreement under which they owned and operated a coal mine in Queensland. Rolleston appointed the respondents as receivers to ICRA pursuant to its rights under a…
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