NSW Caselaw
New South Wales Court of Appeal
CITATION: Ulan Coal Mines v Minister for Mineral Resources & Anor (No. 2) [2008] NSWCA 251
HEARING DATE(S): Written Submissions
JUDGMENT DATE: 30 October 2008
JUDGMENT OF: Hodgson JA at 1; Tobias JA at 2; Bell JA at 3
1. Allow the appeal and quash the order made by the primary judge with respect to the costs of the hearing; DECISION: 2. Otherwise dismiss the appeal; 3. The appellant and the second respondent are to bear their own costs of the hearing before the primary judge; 4. The second respondent is to pay 75 percent of the appellant's costs of the appeal as agreed or assessed.
Environmental Planning and Assessment Act 1979 (NSW) LEGISLATION CITED: Mining Act 1992 (NSW) Mining Amendment (Improvements to Land) Act 2008 Mining Amendments (Improvements to Land) Bill 2008
CATEGORY: Consequential orders
Ulan Coal Mines v Minister for Mineral Resources [2008] NSWCA 174 CASES CITED: Victorian Stevedoring and General Contracting Co Pty Ltd v Dignan (1931) 46 CLR 73 Waters v PC Henderson (unreported) NSWCA 6 July 1994
Ulan Coal Mines ACN 000 189 248 (Appellant) PARTIES: Minister for Mineral Resources (First Respondent) Moolarben Coal Mines Pty Limited ACN 108 601 672 (Second Respondent)
FILE NUMBER(S): CA 40811/07
B Walker SC / R Beazley (Appellant) COUNSEL: T Hale SC / H Younan (First Respondent) M Leeming SC / C H Withers (Second Respondent)
Minter Ellison (Appellant) SOLICITORS: I V Knight (First Respondent) John Harold Davis (Second Respondent)
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