Damian Clothier KC (with K McAuliffe-Lake) appeared for the Appellant/Cross-appellant, instructed by Allens. The central issue in this case was whether the Land Court erred in its assessment of compensation payable under s 281 of the Mineral Resources Act 1989 (Qld) for the grant of mining lease ML 700033, particularly…
Nerang Subdivision Pty Ltd v Hutson [2024] QCA 174
17-9-24 / Damian Clothier KC, Michael May — Contract, Land Law & Property, Tax
Nerang Subdivision Pty Ltd v Hutson [2024] QCA 174 involved a dispute between a property developer and the owner of land regarding the application of a GST gross-up clause in a development deed. The issue concerned whether the amount to be paid to the owner on the sale of lots…
93 Fairfield Pty Ltd ACN 621 146 058 as Trustee for 93 Fairfield Unit Trust v Chief Executive, Department of Transport and Main Roads [2023] QLC 10
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…
Maller & Anor v Australia Pacific LNG CSG Transmissions Pty Ltd & Ors [2022] QLC 12
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 KC — 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…
