NSW Caselaw
Reported Decision: 154 LGERA 60
New South Wales Court of Appeal
CITATION: Mine Subsidence Board v Wambo Coal Pty Ltd [2007] NSWCA 137
HEARING DATE(S): 3 May 2007
JUDGMENT DATE: 15 June 2007
JUDGMENT OF: Hodgson JA at 1; Santow JA at 2; Tobias JA at 3
DECISION: a) Leave to appeal granted; b) Set aside the answers given by Lloyd J to questions (a) and (b) on 24 August 2006 and in lieu thereof substitute the following answers: (a) Yes, (b) No; c) The proceedings be remitted to the Land and Environment Court for further disposition; d) The respondent to pay the appellant's costs of the appeal but to have a certificate under the Suitor's Fund Act 1951 if otherwise qualified
CATCHWORDS: ENERGY AND RESOURCES — Statutory regulation — Compensation — Subsidence – Whether compensation can be claimed for works done to prevent or mitigate damage from anticipated subsidence - STATUTES – Acts of Parliament – Interpretation – Mine Subsidence Compensation Act 1961 ss 12, 12A, 12B, 13A
LEGISLATION CITED: Land and Environment Court Act 1979 Mine Subsidence Compensation Act 1961
CASES CITED: Cooper Brookes (Holdings) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297 Network Ten Pty Ltd v TCN Channel Nine Pty Ltd (2004) 218 CLR 273
PARTIES: Mine Subsidence Board Wambo Coal Pty Limited
FILE NUMBER(S): CA 40585/06
COUNSEL: A: P McEwan SC / M Seymour R: M Leeming SC / C Withers
SOLICITORS: A: Trisley Kilmurray, Solicitors, Newcastle R: Sparke Helmore Lawyers, Newcastle
LOWER COURT JURISDICTION: Land & Environment Court
LOWER COURT FILE NUMBER(S): LEC 30584/05
LOWER COURT JUDICIAL OFFICER: Justice Lloyd
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