NSW Caselaw
New South Wales Court of Appeal
CITATION: MAITLAND MAIN COLLIERIES PTY LTD v HUNTER VALLEY COAL CORPORATION PTY LTD [2006] NSWCA 258
HEARING DATE(S): 29 August 2006
JUDGMENT DATE: 22 September 2006
JUDGMENT OF: Mason P at 1; Handley JA at 65; Beazley JA at 66
DECISION: Leave to appeal granted, appeal allowed.
CATCHWORDS: MINES AND MINERALS – Coal mining – Coal mining legislation – Underground mining operations – "Second Workings" - Longwall mining – Subsidence – Crown approval to control and regulate – Deed of release – Covenant to refrain from objecting to "second working" applications if duly notified under Coal Mines Regulation Act 1982 – Change in departmental practice in granting approval under Act subsequent to deed – Whether affects deed. (ND)
Coal Mines Act 1973 LEGISLATION CITED: Coal Mines Regulation Act 1982 Mining Act 1992 Mining Subsidence Compensation Act 1961
Amaca Pty Ltd (formerly known as James Hardie & Co Pty Ltd) v New South Wales [2004] NSWCA 124, 132 LGERA 309 CASES CITED: Doherty v Allman (1878) 3 App Cas 709 Murphyores Incorporated Pty Ltd v The Commonwealth (1976) 136 CLR 1
PARTIES: MAITLAND COLLIERIES PTY LTD v HUNTER VALLEY COAL CORPORATION PTY LTD
FILE NUMBER(S): CA 40016/06
COUNSEL: Appellant: T F Robertson SC/ T G R Parker SC Respondent: B McClintock SC/ R Beasley
SOLICITORS: Appellant: Allens Arthur Robinson Respondent: Minter Ellison
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): SC 5169/05
LOWER COURT JUDICIAL OFFICER: Young CJ in Eq
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