High Court of Australia
HIGH COURT OF AUSTRALIA
FRENCH CJ, HAYNE, KIEFEL, BELL, GAGELER, KEANE AND NETTLE JJ
Matter No S119/2014
TRAVERS WILLIAM DUNCAN PLAINTIFF
AND
THE STATE OF NEW SOUTH WALES DEFENDANT
Matter No S138/2014
NUCOAL RESOURCES LIMITED PLAINTIFF
AND
STATE OF NEW SOUTH WALES DEFENDANT
Matter No S206/2014
CASCADE COAL PTY LIMITED & ORS PLAINTIFFS
AND
THE STATE OF NEW SOUTH WALES DEFENDANT
Duncan v New South Wales NuCoal Resources Limited v New South Wales Cascade Coal Pty Limited v New South Wales [2015] HCA 13 15 April 2015 S119/2014, S138/2014 & S206/2014
ORDER
Matter No S119/2014
The questions asked by the parties in the special case dated 18 September 2014 and referred for consideration by the Full Court be answered as follows:
Question 1
Are clauses 1 to 13 of Schedule 6A to the Mining Act 1992 (NSW), or any of them, invalid?
Answer
No.
Question 2
Who should pay the costs of this Special Case?
Answer
The plaintiff.
Matter No S138/2014
The questions asked by the parties in the special case dated 23 September 2014 and referred for consideration by the Full Court be answered as follows:
Question 1
Are clauses 1 to 13 of Schedule 6A to the Mining Act 1992 (NSW), or any of them, invalid?
Answer
No.
Question 2
Is clause 11 of Schedule 6A to the Mining Act inconsistent with the Copyright Act 1968 (Cth) and inoperative to the extent of that inconsistency?
Answer
This question does not arise on the facts of the special case.
Question 3
Who should pay the costs of the special case?
Answer
The plaintiff.
Matter No S206/2014
The questions asked by the parties in the special case dated 23 September 2014 and referred for consideration by the Full Court be answered as follows:
Question 1
Are clauses 1 to 13 of Schedule 6A to the Mining Act 1992 (NSW), or any of them, invalid?
Answer
No.
Question 2
Is clause 11 of Schedule 6A to the Mining Act inconsistent with the Copyright Act 1968 (Cth) and inoperative to the extent of that inconsistency?
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