Queensland Judgments
Land and Resources Tribunal v Schmidt & Ors
[2005] QCA 195; [2006] 1 Qd R 161 (05/2454) Brisb Williams JA Jerrard JA Mullins J 10/06/2005
Catchwords
MINING LAW – COURTS EXERCISING JURISDICTION IN MINING MATTERS – QUEENSLAND – where President of Land and Resources Tribunal determined application under s 281 Mineral Resources Act 1989 (Qld) – where respondent filed notice of appeal with Tribunal pursuant to s 282 raising questions of fact and law – whether s 282 provides for appeal from determination of President to the Tribunal (Appeal) – whether s 67 Land and Resources Tribunal Act 1999 (Qld) provides for appeal from determination of President to Court of Appeal
PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – PRACTICE UNDER RULES OF COURT – where President of Land and Resources Tribunal ordered pursuant to s 70(2) Land and Resources Tribunal Act 1999 (Qld) that Tribunal refer question of law to Court of Appeal – where Tribunal filed originating application in Court of Appeal referring question of law – whether President had power to make order – how question of law in proceeding before Tribunal should be referred to Court of Appeal
