27-7-23 / Damian Clothier KC — Land Law & Property
This dispute relates to compensation for the compulsory acquisition of land. The dispute was atypical in that no direct precedent determined the natural and ordinary meaning of section 20(5)(g) of the Acquisition of Land Act 1967 (“Act”) The respondent submitted that the provision provides compensation for “the taking of the…
6-9-22 / Roger Traves KC, Damian Clothier KC, James Penrose — Land Law & Property, Resources & Energy
The applicants in these proceedings claim that one of the respondents introduced parthenium onto their property, which caused them loss for which they seek compensation. In this interlocutory hearing, the Land Court was required to determine whether a party to a Land Court proceeding requires leave to seek non-party disclosure.…
30-3-22 / Damian Clothier KC, Stewart Webster — Commercial Equity, Land Law & Property
This proceeding involved claims for constructive trusts by the daughter-in-law of a Greek immigrant couple, based on promises alleged to have been made over 30 years ago. The defendant, the executor of the mother’s estate, counterclaimed for sums arising from rent and trust distributions it was alleged had been improperly…
1-10-21 / Damian Clothier KC, Matthew Hickey OAM — Contract, Land Law & Property, Commercial Equity
A dispute arose between parties to a deed of agreement, as to whether the deed required a payment for the release of mortgages to be made by bank cheque, and if so whether the mortgagee was entitled to exercise its power of sale because the deed had been breached (the…
27-5-21 / Damian Clothier KC — Land Law & Property
The Applicant managed Hail Creek Mine, and the Respondent owned a mining camp adjacent to the Hail Creek Mine. The parties could not agree on the compensation the Applicant should pay the Respondent for a mining lease over the camp land. The Land Court intervened to determine the amount of…
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