Bowman & Ors v NSW Coal Compensation Review Tribunal and NSW Coal Compensation Board [2003] NSWSC 568

New South Wales Supreme Court

CITATION : Bowman & Ors v NSW Coal Compensation Review Tribunal and NSW Coal Compensation Board [2003] NSWSC 568 HEARING DATE(S) : 04/06/03 JUDGMENT DATE : 26 June 2003 JURISDICTION: Common Law Division JUDGMENT OF : Cripps AJ DECISION : 1. The decision of the Tribunal is quashed and the matter remitted to the Tribunal for redetermination of the plaintiff's claim, together with the remaining wayleave claims, according to law.; 2. The defendant to pay the plaintiff's costs

CATCHWORDS : Coal Acquisition Act 1981 - wayleave entitlement - compensation claim Coal Acquisition Act 1981 s 5 s 6 Coal Mining Act 1973 LEGISLATION CITED : Coal Acquisition (Compensation) Arrangements 1985 Coal Acquisition (Transitional Provisions) Regulation The Coal Mining (Amendment) Act 1981 cl 4 Coal Mining (Amendment) Act 1981 Regulation CASES CITED : Battern Pooll v Kennedy [1907] 1 Ch 256 Buchanan Borehole Collieries v NSW Coal Compensation Tribunal (5 August 1997, unreported) PARTIES : Bowman & Ors v New South Wales Coal Compensation Review Tribunal and New South Wales Coal Compensation Board FILE NUMBER(S) : SC 30090/02 COUNSEL : J C Sheahan SC, D Hogin-Doran - Plaintiff N Perram - Defendant SOLICITORS : McConnell Jaffray - Plaintiff I V Knight, Crown Solicitors - Defendant

- 10 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

CRIPPS AJ

26 JUNE 2003

30090/02 - Bowman & Ors v New South Wales Coal Compensation Review Tribunal and New South Wales Coal Compensation Board