PARKINS v LIGHTNING RIDGE MINERS ASSOCIATION LIMITED [2009] NSWSC 621

75 NSWLR 427 Reported Decision : 3 ARLR 31 [2010] ALMD 2397

New South Wales Supreme Court

CITATION : PARKINS v LIGHTNING RIDGE MINERS ASSOCIATION LIMITED [2009] NSWSC 621

HEARING DATE(S) : Monday 6 April 2009

JUDGMENT DATE : 6 July 2009

JURISDICTION : Common Law

JUDGMENT OF : Hall J at 1

DECISION : The further amended summons is dismissed.

CATCHWORDS : ADMINISTRATIVE LAW – mining – jurisdiction and powers of Warden's Court to determine provisions of an access management plan for small-scale titles pursuant to Part 10A of the Mining Act 1992 – meaning of "rights of access" in s.236D(1) of the Act – the phrase "in relation to" is to be construed within its statutory context – mullock or waste is an aspect of mining – communal mullock dumps are not an aspect of "rights of access" that may be the subject of an access management plan - STATUTORY INTERPRETATION of "access", "rights of access" – no power to include a provision to require holders of a small-scale title or the defendant association to remove existing communal mullock dumps - PROCEDURAL FAIRNESS – no disadvantage or detriment in breach of procedural fairness in the Warden's Court having used a document - a Management Plan for the property not in evidence - the question of statutory construction not having turned on that document – no breach of procedural fairness in refusing to defer decision pending a possible submission by a Department of Government (a non-party) on availability of financial assistance to enforce access management plans – no breach of procedural fairness in permitting a party to call evidence of an expert nature notwithstanding the failure of the party calling the witness to comply with directions for service of expert reports