NSW COAL COMPENSATION BOARD v NSW COAL COMPENSATION TRIBUNAL and ORS [1997] NSWCA 232

NSW COAL COMPENSATION BOARD v NSW COAL COMPENSATION TRIBUNAL and ORS

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

HANDLEY and STEIN JJA, and GROVE AJA 21-22 April 1997, 29 July 1997 [1997] NSWCA 232

ADMINISTRATIVE LAW — interpretation of compensation provisions in Coal Acquisition Act 1981; Compensation for losses 'directly attributable' to legislation, includes losses resulting from cognate legislation.

The NSW Coal Compensation Board refused claims brought by the Second to Fifth Respondents for compensation for pecuniary loss arising from loss of benefits formerly payable to the respondents by the lessees of coal. The alleged losses arose as a result of the Coal Acquisition Act 1981 (CAA) and cognate legislation which vested coal in the Crown and provided for the payment of compensation for losses which were 'directly attributable' to the new legislation. The respondents appealed to the Tribunal which found for the respondents. The Board appealed to the Supreme Court (Administrative Division) which dismissed the appeal and from there to this court.

On appeal, the appellant sought to argue that:

(1) the claims did not arise from the loss of any interest or estate in coal;

(2) the losses were not 'directly attributable * to the CAA;

(3) if the loss was to be compensated, the claimants were limited to recovering under only one of the available heads of compensation.

Held:

The respondents' losses were directly attributable to the CAA.

The claimants are entitled to recover compensation under both clauses.

Muswellbrook Coal Co Ltd v Minister for Mineral Resources and Energy [1946] 6 NSWLR 654 considered

Handley JA I agree with Stein JA. Stein JA

INTRODUCTION

The appellant (the New South Wales Coal Compensation Board) appeals from the judgment of Hamilton AJ delivered on 15 November 1996 in the Administrative Law Division of the Court. His Honour dismissed a summons against a decision of the NSW Coal Compensation Tribunal allowing a claim-for compensation by the second, third, fourth and fifth respondents. The first respondent Tribunal has filed a submitting appearance. For convenience, in this judgment the second to fifth respondents will be referred to as 'the respondents'.