Caroona Coal Action Group Inc v Coal Mines Australia Pty Ltd & Anor [2010] NSWCA 353

Reported Decision: 178 LGERA 411

New South Wales Court of Appeal

CITATION: Caroona Coal Action Group Inc v Coal Mines Australia Pty Ltd & Anor [2010] NSWCA 353 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 9 November 2010

JUDGMENT DATE: 15 December 2010

JUDGMENT OF: Giles JA at 1; Hodgson JA at 2; Tobias JA at 9

DECISION: Appeal dismissed with costs [The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

CATCHWORDS: ADMINISTRATIVE LAW – judicial review – exploration licence – renewal of licence – subjective statutory pre-condition to renewal – decision-maker must be satisfied that special circumstances exist justifying renewal over certain area – whether no evidence to support primary judge's finding that decision-maker was so satisfied – partial transfer of licence – whether document or instrument of transfer between transferor and transferee required under statute to effect transfer – transfer effected by statutory process – whether transferor and transferee signed document setting out terms of proposed new authority before transfer occurred - COSTS – general rule that costs follow the event exceptions to the – public interest – no reason why appellant should have benefit of departure from general rule

Coal Mining Act 1973 Land and Environment Court Act 1979 LEGISLATION CITED: Land and Environment Court Rules 2007 Mining Act 1992 Mining Regulation 2003 Uniform Civil Procedure Rules 2005