NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Neale v Mine Subsidence Board [2013] NSWLEC 34 Hearing dates: 15 February 2013 Decision date: 21 March 2013 Jurisdiction: Class 3 Before: Pain J Decision: 1. Proceedings are dismissed for want of jurisdiction as disclosing no reasonable cause of action under r 13.4 Uniform Civil Procedure Rules 2005. 2. Costs reserved. Catchwords: PROCEDURE - whether court has jurisdiction to hear appeal in relation to payment from Mine Subsidence Compensation Fund Legislation Cited: Land and Environment Court Act 1979 s 19(1f), s 39 Mine Subsidence Compensation Act 1961 s 4, s 5, s 7A, s 10, s 12, s 12A, s 12B, s 13A, s 15, s 15B Mine Subsidence Compensation Regulation 2012 r 5 Uniform Civil Procedure Rules 2005 r 13.4 Cases Cited: Alinta LGA Ltd v Mine Subsidence Board [2008] HCA 17; (2008) 244 ALR 276 Jemena Gas Networks (NSW) Ltd v Mine Subsidence Board [2011] HCA 19; (2011) 243 CLR 558 Venn v Mine Subsidence Board [2013] NSWLEC 30 Category: Procedural and other rulings Parties: Kylie Neale (Applicant) Representation: Mr J Robson SC with Mr P Arblaster (Applicant) Ms P Thew (Respondent) Colin Biggers & Paisley (Applicant) Kilmurray Lawyers (Respondent) File Number(s): 31124 of 2012
Judgment 1The Mine Subsidence Board has filed a Notice of Motion dated 6 December 2012 seeking an order that these proceedings be dismissed for want of jurisdiction as disclosing no reasonable cause of action under r 13.4 Uniform Civil Procedure Rules 2005 (the UCPR). The proceedings have been commenced by Mrs Neale seeking compensation from the Mine Subsidence Compensation Fund (the Fund) in reliance on s 12B of the Mine Subsidence Compensation Act 1961 (MSC Act). 2The Court has jurisdiction under s 19(f1) of the Land and Environment Court Act 1979 (the Court Act) in Class 3 proceedings to hear and dispose of appeals under s 12B of the MSC Act. By virtue of s 39 of the Court Act the Court has power to undertake a de novo merits review for those matters within jurisdiction.
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