David Anthony Lord v Broken Hill Cobalt Project Pty Limited [2021] NSWLEC 126

Land and Environment Court New South Wales

Medium Neutral Citation: David Anthony Lord v Broken Hill Cobalt Project Pty Limited [2021] NSWLEC 126 Hearing dates: 20, 21 and 22 October 2021 Date of orders: 12 November 2021 Decision date: 12 November 2021 Jurisdiction: Class 8 Before: Duggan J Decision: See paragraphs 98 and 99 Catchwords: JUDICIAL REVIEW — s 155 of Mining Act 1992 review of final determination of arbitrator — meaning of compensable loss under s 262 of Mining Act 1992 — financial and non-financial loss — compensation payable for loss — terms and provisions of land access arrangement Legislation Cited: Coal Mine Subsidence Compensation Act 2017 (NSW) Crown Land Management Act 2016 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Mining Act 1992 (NSW) Mining Regulation 2016 (NSW) Texts Cited: Macquarie Online Dictionary Category: Principal judgment Parties: David Anthony Lord (First Applicant) John Montgomery Lord (Second Applicant) Broken Hill Cobalt Project Pty Limited (First Respondent) Cobalt Blue Holdings Limited (Second Respondent) Representation: Counsel: P Lane (Applicants) J Reid (Respondents)

Solicitors: Harris Freidman Lawyers (Applicants) Lander & Rogers (Respondents) File Number(s): 2021/256624 Publication restriction: No

Judgment

Nature of proceedings 1. By summons filed on 8 September 2021, the Applicants seek the following relief: 1. Pursuant to s 155 of the Mining Act 1992 (NSW) (Mining Act), a review of the final determination of Robert Angyal SC made 29 August 2021 in respect of a land access arrangement arbitration concerning Exploration Licences 6622, 8143 and 8891; and 2. An order that the Respondents pay the Applicants' reasonable costs of the review. 1. By order made on 30 September 2021, the hearing of this matter was expedited.