Liddell v Lansell [1912] HCA 30

Liddell v Lansell [1912] HCA 30

A consolidated lease granted under sec. 29 is, as to private land, granted pursuant to Part II of the Mines Act 1897 and thus gives the holder entitlement under sec. 91 to take for mining purposes private land adjoining or abutting the private land contained within the consolidated lease.

Parties
Complainants: Edith Lansell and the Sandhurst and Northern District Trustees Executors and Agency Co. Ltd.; Defendant: Elizabeth Liddell
Jurisdiction
Australia
Judgment Date
24 May 1912
Procedural Posture
Appeal / On Appeal From the Supreme Court of Victoria
Outcome
appeal dismissed with costs
Legal Topics
Mining Leases, Consolidated Lease, Private Land, Statutory Interpretation
Mining Law Property Law Mining Leases Consolidated Lease Private Land Statutory Interpretation

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Parties

Edith Lansell and the Sandhurst and Northern District Trustees Executors and Agency Co. Ltd.

Complainants

Elizabeth Liddell

Defendant

Procedural Posture

Appeal / On Appeal From the Supreme Court of Victoria

Legal Issues

  1. 1 Whether a consolidated lease granted under sec. 29 of the Mines Act 1897 (Vict.) comprising Crown and private land is a lease within the meaning of sec. 91 of the Act
  2. 2 Whether the holder of such a consolidated lease is entitled under sec. 91 to take adjoining or abutting private land

Ratio Decidendi

A consolidated lease granted under sec. 29 is, as to private land, granted pursuant to Part II of the Mines Act 1897 and thus gives the holder entitlement under sec. 91 to take for mining purposes private land adjoining or abutting the private land contained within the consolidated lease.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs