In Minister for Resources v Fortune Island Holding Company Limited [2024] QLC 10, the Land Court of Queensland heard an application for the forfeiture of a lease under the Land Act 1994. The respondent, Fortune Island Holding Company Limited, held a state lease over Double Island, which was contested on grounds of breach of lease conditions requiring the land to be used for tourism purposes. Despite the company's arguments for a loose interpretation of "tourism purposes," the Court found the island's state fell short of complying with these requirements, leading to the determination that the lease may be forfeited. A/President Stilgoe OAM, presiding over the case, emphasised that the Court's role was to establish whether a breach had occurred, leaving the discretion to forfeit the lease to the designated person under the Act. Consequently, the Court concluded that the lease could be forfeited and ordered the costs in line with the lease terms.
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