Visser v Department of Customer Service [2021] NSWLEC 88

Land and Environment Court New South Wales

Medium Neutral Citation: Visser v Department of Customer Service [2021] NSWLEC 88 Hearing dates: 23 July 2021 Date of orders: 25 August 2021 Decision date: 25 August 2021 Jurisdiction: Class 3 Before: Pain J Decision: (1) Prayer 1 of Tahmoor Coal Pty Ltd's amended notice of motion dated 23 July 2021 is dismissed. (2) Prayer 2 of Tahmoor Coal Pty Ltd's amended notice of motion dated 23 July 2021 is reserved. (3) Costs of Tahmoor Coal Pty Ltd's amended notice of motion dated 23 July 2021 are reserved Catchwords: PROCEDURE – compensation for mine subsidence claim – application by coal mine proprietor for joinder as a party – whether ought to be joined as a party – whether necessary to be joined as a party – first time such application has been considered under Coal Mine Subsidence Compensation Act 2017 Legislation Cited: Administrative Arrangements (Administrative Changes – Public Service Agencies) Order 2019 (NSW) cl 7 Civil Procedure Act 2005 (NSW) s 56 Coal Mine Subsidence Compensation Act 2017 (NSW) ss 3, 4, Pt 2 (ss 6, 8, 11, 12, 13, 14, 15, 16, 17, 18), Sch 1 Land and Environment Court Act 1979 (NSW) ss 34, 38, 39 Mine Subsidence Compensation Act 1961 (NSW) ss 4, 10, 11, 12, 12A, 12B Uniform Civil Procedure Rules 2005 (NSW) rr 6.24, 6.27 Valuation of Land Act 1916 (NSW) Pt 4 Div 1 Cases Cited: AQC Dartbrook Management Pty Ltd v Minister for Planning and Public Spaces [2021] NSWCA 112 Double Bay Marina Pty Ltd v Woollahra Municipal Council (1985) 54 LGRA 313 John Alexander's Clubs Pty Ltd v White City Tennis Club Ltd (2010) 241 CLR 1; [2010] HCA 19 News Limited v Australian Rugby Football League Limited (1996) 65 FCR 410; [1996] FCA 807 Ross v Lane Cove Council (2014) 86 NSWLR 34; [2014] NSWCA 50 Tenstat Pty Ltd v New South Wales Valuer-General (2002) 119 LGERA 278; [2002] NSWLEC 14 The Trust Company (Australia) Ltd v Valuer-General of New South Wales [2015] NSWLEC 169 Texts Cited: New South Wales Legislative Council, Parliamentary Debates (Hansard), 8 August 2017 Subsidence Advisory NSW, Guidelines – Process for Claiming Mine Subsidence Compensation, (1 January 2018) Category: Procedural rulings Parties: Jan Visser (First Applicant) Yvonne Visser (Second Applicant) Department of Customer Service (First Respondent) Tahmoor Coal Pty Ltd (Applicant on notice of motion) Representation: COUNSEL: L Chapman (Applicants) A Hemmings (First Respondent) A Hannam (Applicant on notice of motion) SOLICITORS: RMB Lawyers (Applicants) Department of Customer Service (First Respondent) Johnson Winter and Slattery (Applicant on notice of motion) File Number(s): 21/134928