VIEW CASE

PRACTICE AND PROCEDURE – Stay – Winding-up order – Applicants granted stay pending appeal – Stay unopposed by respondents – Order for payment of arrears of rental and annual fees in respect of mining tenements – Undertaking to inform authorities of appeal – Breach by applicants of order and undertaking – Application by respondents to lift stay – Whether mining tenements at risk of cancellation for non-payment of rent and annual fees – Mineral Resources Act 1989 (Qld) ss 160, 308(2); Environmental Protection Act 1994 (Qld) ss 278(2)(f), 280, 316I – Whether onus on applicants to establish special or exceptional circumstances – Stay varied to require payment of arrears within 14 days.

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