Hume Coal Pty Ltd v Alexander (No 2) [2012] NSWLEC 278

Land and Environment Court New South Wales

Medium Neutral Citation: Hume Coal Pty Ltd v Alexander (No 2) [2012] NSWLEC 278 Hearing dates: 14 December 2012 Decision date: 14 December 2012 Jurisdiction: Class 8 Before: Craig J Decision: 1. The hearing of the proceedings is expedited. 2. The Plaintiff and First and Second Defendants are to serve any further evidence upon which they propose to rely by 28 January 2013. 3. The Plaintiff and First and Second Defendants are to serve evidence in reply by 11 February 2013. 4. The matter is listed for hearing for two days commencing on Monday 18 February 2013. 5. Direct that the Plaintiff file and serve an outline of its submissions by 4pm on Wednesday 13 February 2013. 6. Direct that the Defendants file and serve an outline of their submissions by 4.00pm on Friday 15 February 2013. 7. Costs reserved. Catchwords: PROCEDURE - expedition - proceedings under s 295 of the Mining Act 1992 - blockade to prevent implementation of exploration license - apparent interference with statutory entitlements - additional costs to miner occasioned by blockade - freedom of movement by landowners agreeing to exploration impaired by blockade - expedition granted Legislation Cited: Mining Act 1992 Cases Cited: Hume Coal Pty Limited v Alexander [2012] NSWLEC 267 Category: Interlocutory applications Parties: Hume Coal Pty Limited (Plaintiff) Ross Alexander (First Defendant) Margaret Anne Alexander (Second Defendant) Representation: C R Ireland (Plaintiff) S J Chapple (Defendants) Minter Ellison (Plaintiff) Environmental Defenders Office (Defendants) File Number(s): 81128 of 2012