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As a result of arrangements made initially in about 1994 between the late Joseph Edwin James (Mr James) and the first respondent (Mr Meyer), a partnership has for many  years  conducted  a  mining  venture,  with  mining  being  carried  on  in  the vicinity of Chillagoe (I shall refer to this location as the Chillagoe mine site).  The applicants have been appointed as the receivers and managers of the partnership, and the trustees of certain property.   Questions have arisen as to whether certain plant and equipment is partnership property; and as to whether Mr Meyer is absolutely entitled to the benefit of an application for a Mineral Development Licence (MDLA 415).

 

Background

 

[2]       Some time prior to 1994, Mr James acquired an interest in a mining lease relating to a perlite deposit near Chillagoe.  He was said to be a prospector with a good knowledge of the region of the Alice River on Cape York Peninsula, and its mineralisation.  In 1993, Mr Meyer was involved in a hard rock mining venture on the Alice River.  When difficulties were encountered, another party to the venture called in Mr James to assist.  At some time thereafter, Mr James discussed with Mr Meyer the perlite mining lease.


 

[3]       Subsequently, Mr Meyer acquired an interest in the mining lease (ML 20152).

Records from the Department of Mines and Energy record that on 8 January 1993, Mr James acquired a 49% interest in the mining lease; and on 10 January 1994 Mr Meyer acquired 51% interest in the lease.

 

 

[4]       At some time prior to 30 June 1995, a partnership commenced to operate the lease and to mine perlite.   It was originally constituted by Mr James and the third respondent to these proceedings (MGM).   However, the constitution of the partnership  changed  in  about  October  1997  when  Pitgate,  who  is  the  second applicant in these proceedings, replaced Mr James as a partner.  By then the name of the partnership was Chillagoe Perlite.   The holders of ML 20152 remained unchanged.

 

 

[5]       The partnership in due course operated successfully.   By 1997, its gross sales amounted to $395,638, and the net profit amounted to $157,214.  By 2001, gross sales appear to have reached $1,172,208, with a net profit of $222,828.  Mr James died on 9 June 2004.  For the 2004 year, the financial statements prepared at the instigation  of  the  applicants  (which  are  disputed)  disclose  sales  approaching

$2,000,000, and a net profit of $361,705.

 

 

[6]       Much of the plant and equipment used in the venture was provided by Mr Meyer, or persons or interests associated with him.

 

 

[7]       The partnership conducted operations at the Chillagoe mine site, and also at what was referred to as the Mareeba processing plant (Mareeba site).  At the beginning of the case, I was told, without objection, that the title to the Mareeba site was registered in the name of the two individuals, whom I take to be Mr James and Mr Meyer.

 

 

[8]       In about 1998, it appears that Mr James and Mr Meyer decided that it would be wise to allow for the need to expand mining activities beyond the boundaries of ML

20152.  They lodged, in their own names, an application for a Mineral Development Licence (MDLA 295).  Consistently with ML 20152, a 51% interest in MDLA 295 was in the name of Mr Meyer, and a 49% interest in the name of Mr James.  The total area the subject of this application was 638 hectares.  The application had not been determined at the time of Mr James’s death.

 

 

[9]       South Australia provided a significant market for the product from the venture.

Land  was  acquired  there  for  the  mining  venture.      was  told,  again  without objection, that land was acquired in the name of a different company, apparently Chillagoe Perlite South Australia Pty Ltd.

 

 

[10]       After Mr James’ death, Mr Meyer, with the assistance of his wife, continued to conduct the mining operation.  The wages paid to them, and the hiring charges for equipment, were significantly increased.

 

 

[11]       In the present proceedings, a consent order was made on 3 May 2007, appointing the present applicants as trustees of ML 20152, an interest identified as Mining Development Licence 295 (apparently a reference to MDLA 295), and the Maree


 As a result of arrangements made initially in about 1994 between the late Joseph Edwin James (Mr James) and the first respondent (Mr Meyer), a partnership has for many  years  conducted  a  mining  venture,  with  mining  being  carried  on  in  the vicinity of Chillagoe (I shall refer to this location as the Chillagoe mine site).  The applicants have been appointed as the receivers and managers of the partnership, and the trustees of certain property.   Questions have arisen as to whether certain plant and equipment is partnership property; and as to whether Mr Meyer is absolutely entitled to the benefit of an application for a Mineral Development Licence (MDLA 415).

 

 

Background

 

 

[2]       Some time prior to 1994, Mr James acquired an interest in a mining lease relating to a perlite deposit near Chillagoe.  He was said to be a prospector with a good knowledge of the region of the Alice River on Cape York Peninsula, and its mineralisation.  In 1993, Mr Meyer was involved in a hard rock mining venture on the Alice River.  When difficulties were encountered, another party to the venture called in Mr James to assist.  At some time thereafter, Mr James discussed with Mr Meyer the perlite mining lease.


 

 

[3]       Subsequently, Mr Meyer acquired an interest in the mining lease (ML 20152).

Records from the Department of Mines and Energy record that on 8 January 1993, Mr James acquired a 49% interest in the mining lease; and on 10 January 1994 Mr Meyer acquired 51% interest in the lease.

 

 

[4]       At some time prior to 30 June 1995, a partnership commenced to operate the lease and to mine perlite.   It was originally constituted by Mr James and the third respondent to these proceedings (MGM).   However, the constitution of the partnership  changed  in  about  October  1997  when  Pitgate,  who  is  the  second applicant in these proceedings, replaced Mr James as a partner.  By then the name of the partnership was Chillagoe Perlite.   The holders of ML 20152 remained unchanged.

 

 

[5]       The partnership in due course operated successfully.   By 1997, its gross sales amounted to $395,638, and the net profit amounted to $157,214.  By 2001, gross sales appear to have reached $1,172,208, with a net profit of $222,828.  Mr James died on 9 June 2004.  For the 2004 year, the financial statements prepared at the instigation  of  the  applicants  (which  are  disputed)  disclose  sales  approaching

$2,000,000, and a net profit of $361,705.

 

 

[6]       Much of the plant and equipment used in the venture was provided by Mr Meyer, or persons or interests associated with him.

 

 

[7]       The partnership conducted operations at the Chillagoe mine site, and also at what was referred to as the Mareeba processing plant (Mareeba site).  At the beginning of the case, I was told, without objection, that the title to the Mareeba site was registered in the name of the two individuals, whom I take to be Mr James and Mr Meyer.

 

 

[8]       In about 1998, it appears that Mr James and Mr Meyer decided that it would be wise to allow for the need to expand mining activities beyond the boundaries of ML

20152.  They lodged, in their own names, an application for a Mineral Development Licence (MDLA 295).  Consistently with ML 20152, a 51% interest in MDLA 295 was in the name of Mr Meyer, and a 49% interest in the name of Mr James.  The total area the subject of this application was 638 hectares.  The application had not been determined at the time of Mr James’s death.

 

 

[9]       South Australia provided a significant market for the product from the venture.

Land  was  acquired  there  for  the  mining  venture.      was  told,  again  without objection, that land was acquired in the name of a different company, apparently Chillagoe Perlite South Australia Pty Ltd.

 

 

[10]       After Mr James’ death, Mr Meyer, with the assistance of his wife, continued to conduct the mining operation.  The wages paid to them, and the hiring charges for equipment, were significantly increased.

 

 

[11]       In the present proceedings, a consent order was made on 3 May 2007, appointing the present applicants as trustees of ML 20152, an interest identified as Mining Development Licence 295 (apparently a reference to MDLA 295), and the Mareeba


 

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