Alpha Machinery Pty Ltd v Minister for Natural Resources and Mines [1996] QLC 20

IN THE LAND COURT OF QUEENSLAND BEFORE MR RP SCOTT BRISBANE, 27 FEBRUARY 1996 (Copyright in this transcript is vested in the Crown. Copies thereof must NOT be made or sold without the prior written authority of the Registrar of the Land Court.) -------- In the matter of the liability of a lease to forfeiture. Special Lease No.: 6/100105, Brisbane District Lessee: Alpha Machinery Pty Ltd Mr P Grennan (Valuer, Department of Natural Resources) appeared on behalf of the Crown. Mr W Cochrane (instructed by Murrell Stephenson) appeared on behalf of the Lessee. DECISION ON COSTS The Land Court resumed MR SCOTT: Gentlemen, I have considered the application by Mr Cochrane for costs and, whilst I understand the force of the submission, the fact that the technical point was only mentioned first this morning is something that’s weighed in my mind, particularly given that your client, Mr Cochrane, has had solicitors since January. I am concerned, however, Mr Grennan that you were happy to concede the point at the outset, yet you may have conceded it had it been raised a couple of weeks ago, I think you said, and however, considering that and the fact that you only heard this morning, but no doubt you were driven to make inquiries to see whether service had been satisfactorily made although, on the face of the documents, that appears to have been clearly not the case. It did concern me somewhat that the matter came on at all; it could have in fact been disposed of earlier. On balance it seems to me that both parties had within their power the opportunity to avoid this morning’s hearing and that being the case, I wouldn’t order costs in favour of the application. I might say, however, in having said that that the reason I adjourned is because I did give serious consideration to the application, Mr Cochrane, and this is more for your benefit Mr Grennan, that having a matter such as this proceed with a defect and hear it on the face of the document is something that the issuer of the notice ought to have brought to his attention that the lessee’s representatives, both directly in the company sense and also through their legal representatives, have been brought here on the basis of that and the Minister’s delegates ought to act strictly within the provisions of the Act and the requirements for service, particularly in significant matters such as forfeitures, compulsory acquisitions and other matters which touch upon the proprietary rights of lessees and I realise that you’re here as an advocate for the delegate the Minister, however, I would appreciate it if you would pass onto the delegate those comments and those concerns. Thank you gentlemen. The Land Court adjourned Decision by Mr Scott [1996] QLC 20 -- 1 of 1 --