Mine Subsidence Board v Australian Gas Light Co & Anor [2007] NSWCA 100

Reported Decision: 152 LGERA 73 Appeal Outcome: Special leave application granted by the High Court - 5 October 2007

New South Wales Court of Appeal

CITATION: Mine Subsidence Board v Australian Gas Light Co & Anor [2007] NSWCA 100 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 21 March 2007

JUDGMENT DATE: 3 May 2007

JUDGMENT OF: Hodgson JA at 1; Tobias JA at 18; Handley AJA at 101

DECISION: (a) Leave to appeal granted; (b) Appeal allowed; (c) Set aside Orders 1 and 2 made by Biscoe J on 11 August 2006 and in lieu thereof order that the preliminary question as to whether the Land and Environment Court had jurisdiction to hear and determine the Class 3 application filed by the opponents on 10 February 2006 be answered "No"; (d) Remit the proceedings to the Land and Environment Court for the further disposition of the said application.; (e) Order that the costs of the hearing of the preliminary question before the Land and Environment Court and the costs of the summons for leave to appeal and the appeal be paid by the opponents

CATCHWORDS: ENERGY AND RESOURCES — Statutory regulation — Compensation — Subsidence – Appeal rights - STATUTES – Acts of Parliament – Interpretation – Mine Subsidence Compensation Act 1961 ss 12, 12A, 12B, 15 and 15B

Family Court Act 1975 Income Tax Assessment Act 1936 (Cth) Land & Environment Court Act 1979 LEGISLATION CITED: Mine Subsidence Act 1928 Mine Subsidence Compensation (Amendment) Act 1969 Mine Subsidence Compensation Act 1961 Mine Subsidence Compensation (Amendment) Act 1989 Miscellaneous Acts (Planning) Repeal & Amendment Act 1979