Boral Bricks Pty Ltd v Read and Wilson [2002] QLRT 43

LAND AND RESOURCES TRIBUNAL QUEENSLAND CITATION: Boral Bricks Pty Ltd v Tracey Read and Ray Wilson [2002] QLRT 43 PARTIES: Boral Bricks Pty Ltd (Applicant) v Tracey Read and Ray Wilson (Respondents) FILE NO/S: AML00015/2002 ENO00023/2002 PROCEEDING: Application in a proceeding to strike out objections DELIVERED ON: 23 July 2002 DELIVERED AT: Brisbane HEARING DATE: 23 July 2002 PRESIDING MEMBER: Koppenol P ORDER/S: 1. Both objections struck out. (at [4]) CATCHWORDS: MINING LEASE APPLICATION – OBJECTIONS – APPLICATION TO STRIKE OUT COUNSEL: N/A SOLICITORS: Ms Z. Farmer, for the Applicant AGENT/S: N/A [1] In this mining lease application, the Applicant has applied to strike out 2 objections. Those objections were lodged by Ms Tracey Read and Mr Ray Wilson. [2] In her supporting affidavit, Ms Farmer (who appeared for the Applicant) deposed that: “Tracey Read 17. Tracey Read lodged an objection to Boral Bricks’ application for a mining lease and its application for an environmental authority for that operation. This objection is the same as the majority of objections lodged. A copy the objection is on the Tribunal’s file. -- 1 of 3 -- 18. On 5 April, 2002, I wrote to Tracey Read, and other objectors, giving information about the process and requesting feedback on what that person wished to do in relation to the objection. A copy of the text of that letter is annexed to this affidavit and marked “A”. 19. Tracey Read did not respond to that letter. 20. Tracey Read has did not [sic] attend either of the directions hearings in this matter and did not appoint a representative for these proceedings. 21. At the directions hearing of this matter on 11 June, 2002, Lynn Mount, who represents the majority of the objectors in this matter, advised me that Tracey Read wished to withdraw her objection. 22. On 11 June, 2002, I wrote to Tracey Read advising her that I understood that she wished to withdraw her objection and how she should go about doing so. A copy of that letter is annexed to this affidavit and marked with the letter “F”. 23. I have received no response from Tracey Read. 24. I have attempted to telephone Tracey Read to discuss the matter with her but cannot find a telephone listing for her. (I have tried to find a telephone listing on a number of occasions, including today (28 June, 2002)). Ray Wilson 25. Ray Wilson Read [sic] lodged an objection to Boral Bricks’ application for a mining lease and its application for an environmental authority for that operation. This objection is the same as the majority of objections lodged. A copy the objection is on the Tribunal’s file. 26. Ray Wilson lives at the same address as Tracey Read. 27. On 5 April, 2002, I wrote to Ray Wilson, and other objectors, giving information about the process and requesting feedback on what that person wished to do in relation to the objection. A copy of the text of that letter is annexed to this affidavit and marked “B”. 28. Ray Wilson did not respond to that letter. 29. Ray Wilson has did not [sic] attend either of the directions hearings in this matter and did not appoint a representative for these proceedings. 30. At the directions hearing of this matter on 11 June, 2002, Lynn Mount, who represents the majority of objectors in this matter, advised me that Ray Wilson wished to withdraw his objection. 31. On 11 June, 2002, I wrote to Ray Wilson advising him that I understood that he wished to withdraw his objection and how he should go about doing so. A copy of that letter is annexed to this affidavit and marked with the letter “G”. 32. I have received no response from Ray Wilson. 33. I have attempted to telephone Ray Wilson to discuss the matter with him but cannot find a telephone listing for him. (I have tried to find a telephone listing on a number of occasions, including today (28 June, 2002)).” [3] Copies of the strike-out application and Ms Farmer’s affidavit were served by post upon each of the subject objectors on 2 July 2002. Ms Farmer again wrote to each objector on 16 July 2002. That letter referred to today’s hearing date and again asked if she/he wished to maintain their objection. No replies were received. -- 2 of 3 -- [4] Neither objector appeared today and it is clear to me that Ms Read and Mr Wilson have no interest in maintaining their objections. Accordingly each of those objections is struck out. -- 3 of 3 --