27-5-21 / Damian Clothier QC — 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…
10-2-19 / Damian Clothier QC — Contract, Resources & Energy, Land Law & Property
The plaintiffs were claiming damages for breach of contract or a declaration that the contract was still on foot and capable of future performance. The proceeding arised from the sale by the first and second plaintiffs, Owen Reginald and Roxanne Wellington, and Ronald Fox, (who was later replaced by the…
7-2-19 / Damian Clothier QC — Land Law & Property, Banking
The applicant, a bank as mortgagee, was applying for possession of a property. The respondents suggested there had been no default and claimed the mortgagee had no entitlement to possession of the property. The respondents also made allegations of fraud or misconduct by an employee of the bank causing the second…
14-12-18 / Damian Clothier QC, Nicholas Andreatidis QC — Resources & Energy, Land Law & Property, Contract
A re-opening of a mining lease compensation hearing. Leave to reopen was given following the resumption of part of the subject land. Damian Clothier QC and Nicholas Andreatidis QC appeared for the respondent, instructed by Allens. The judgment can be viewed here.
12-2-16 / Damian Clothier QC, Matthew Jones — Appellate, Land Law & Property
Where the appellant denied the respondent permission to cross cattle property – where the respondent started proceedings seeking statutory rights to cross the property pursuant to s.180 of the Property Law Act 1974(Qld).