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Lee v Kokstad Mining Pty Ltd[2007] QCA 248

Reported at [2008] 1 Qd R 65

Lee v Kokstad Mining Pty Ltd[2007] QCA 248

Reported at [2008] 1 Qd R 65
CITATION: Lee v Kokstad Mining Pty Ltd [2007] QCA 248
JUDGE(S): Jerrard JA, Wilson J, Douglas J
DELIVERED ON: 03 August 2007
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Editorial Notes

  • Published Case Name:

    Lee v Kokstad Mining Pty Ltd

  • Shortened Case Name:

    Lee v Kokstad Mining Pty Ltd

  • Reported Citation:

    [2008] 1 Qd R 65

  • MNC:

    [2007] QCA 248

  • Court:

    QCA

  • Judge(s):

    Jerrard JA, Wilson J, Douglas J

  • Date:

    03 Aug 2007

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2005] QLRT 16006 Dec 2005Granting application to set aside decision of Mining Referee to recommend grant of ML and extend time for objections: Koppenol P.
Primary Judgment[2006] QLRT 3130 Mar 2006Application in a proceeding by Respondent for leave to amend his objections and two Applications by the Applicant that the objection and amended objection be struck out; applications resolved by consent: Smith DP.
Primary Judgment[2007] QLRT 9528 Aug 2006Case management hearing to deal with various applications brought by parties; hearing to take place on preliminary points on 31 August 2006: Smith DP.
Primary Judgment[2006] QLRT 12223 Oct 2006Decision on preliminary points; the Tribunal does not have jurisdiction to extend time to lodge objections to MLA beyond the date fixed by the mining registrar as “the last objection day” under s 252A; amended MLA does not restart process because it proceeds in its amended form from the point that the original application had reached; the application and amended application use identical words to describe the proposed mining, meaning that the application has not been so amended: Smith DP.
Appeal Determined (QCA)[2007] QCA 248 [2008] 1 Qd R 6503 Aug 2007Appeal against decision of Land and Resources Tribunal arising from mining lease application where original ML was subject to positive recommendation; method of operation of the proposed ML was not amended when the applicant abandoned its application in respect of part of the land; s 307(4) MRA prescribes that the amended application proceeds in respect of the remaining area; appeal dismissed: Jerrard JA, Wilson and Douglas JJ (Jerrard JA dissenting in part).

Appeal Status

Appeal Determined (QCA)

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