Rossmar Park Pastoral Co Pty Ltd v Coal Mines Australia Pty Ltd [2008] NSWSC 1385

New South Wales Supreme Court

CITATION : Rossmar Park Pastoral Co Pty Ltd v Coal Mines Australia Pty Ltd [2008] NSWSC 1385

HEARING DATE(S) : 24 November 2008

JUDGMENT DATE : 23 December 2008

JURISDICTION : Common Law

JUDGMENT OF : Rothman J

(i) The Chief Mining Warden to issue reasons for the grant of the injunction issued on 18 July 2008 in the matter of Coal Mines Australia Pty Ltd v Rossmar Park Pastoral Co Pty Ltd in case number 2008/36;

DECISION : (ii) Otherwise the summons is dismissed;

(iii) The parties have liberty to apply to the Court, through my Associate, for a consequential order arising from the reasons for judgment and/or any order as to costs. Such application to be made no later than 4 February 2009.

CATCHWORDS : ADMINISTRATIVE LAW – appeal from Chief Mining Warden – issue of injunction by Warden's Court – inunction held to be interlocutory – no error, except failure to issue reasons – order directing reasons be issued

LEGISLATION CITED : Mining Act 1992

CATEGORY : Principal judgment

Coco v R [1994] HCA 15; (1994) 179 CLR 427 Electrolux Home Products Pty Ltd v Australian Workers' Union [2004] HCA 40; (2004) 221 CLR 309 Ex Parte Henry; Re Commissioner of Stamp Duty (1963) 63 SR 298 Hall v Nominal Defendant [1966] HCA 36; (1966) 117 CLR 423 CASES CITED : International Finance Trust Company Limited & Anor v New South Wales Crime Commission [2008] NSWCA 291 Pettit v Dunkley [1971] 1 NSWLR 376 Public Service Board of NSW v Osmond [1986] HCA 7; (1986) 159 CLR 656 Soulemezis v Dudley (Holdings) Pty Ltd [1987] 10 NSWLR 247 Stow v Mineral Holdings (Australia) Pty Ltd (1977) 14 ALR 397