Mine Subsidence Board v Jemena Ltd and Jemena Gas Networks (NSW) Ltd [2013] NSWCA 465

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mine Subsidence Board v Jemena Ltd and Jemena Gas Networks (NSW) Ltd [2013] NSWCA 465 Hearing dates: 25 October 2013 Decision date: 20 December 2013 Before: Beazley P at [1]; Macfarlan JA at [2]; Meagher JA at [3] Decision: Appeal dismissed with costs. [Note: 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: ENERGY AND RESOURCES - mining - interpretation of Mine Subsidence Compensation Act 1961, ss 12A(1)(b), 15(5)(b) - respondents claim compensation from Mine Subsidence Compensation Fund under s 12A(1)(b) for expense incurred to prevent or mitigate damage to pipeline from subsidence - pipeline erected in "mine subsidence district" without approval in contravention of Act - s 15(5)(b) provides that "no claim shall be entertained or payment made" by the Board "in respect of damage caused by subsidence" to unapproved improvements unless certificate issued by Board - whether claim under s 12A(1)(b) a claim "in respect of damage caused by subsidence" Legislation Cited: Mine Subsidence Act 1928 Mine Subsidence Compensation Act 1961, ss 2, 4, 5, 6, 10, 11, 12, 12A, 13, 13A, 13B, 14, 14A, 15, 15B Mine Subsidence Compensation (Amendment) Act 1969, s 2 Mine Subsidence Compensation Regulation 2007, Reg 6 Cases Cited: Alinta LGA Ltd v Mine Subsidence Board [2008] HCA 17; 82 ALJR 826 Australian Education Union v General Manager of Fair Work Australia [2012] HCA 19; 246 CLR 117 Clyne v Deputy Commissioner of Taxation [1981] HCA 40; 150 CLR 1 Commissioner of Police v Eaton [2013] HCA 2; 87 ALJR 267 Commissioner of Stamps (SA) v Telegraph Investment Co Pty Ltd [1995] HCA 44; 184 CLR 435 Commissioner of Taxation of the Commonwealth v Scully [2000] HCA 6; 201 CLR 148 Jemena Gas Networks (NSW) Ltd v Mine Subsidence Board [2011] HCA 19; 243 CLR 558 Lacey v Attorney-General of Queensland [2011] HCA 10; 242 CLR 573 McGraw-Hinds (Aust) Pty Ltd v Smith [1979] HCA 19; 144 CLR 633 Newcastle City Council v GIO General Ltd [1997] HCA 53; 191 CLR 85 The Queen v Khazaal [2012] HCA 26; 86 ALJR 884 Wentworth Securities Ltd v Jones [1980] AC 74 Workers' Compensation Board (Qld) v Technical Products Pty Ltd [1988] HCA 49; 165 CLR 642 Texts Cited: New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 2 October 1969 Category: Principal judgment Parties: Mine Subsidence Board (Appellant) Jemena Limited (First Respondent) Jemena Gas Networks (NSW) Ltd (Second Respondent) Representation: Counsel: N C Hutley SC, N L Sharp (Appellant) R J Ellicott QC, J R Williams (Respondents Solicitors: I V Knight, Crown Solicitor (Appellant) Herbert Smith Freehills (Respondents) File Number(s): 2012/391795 Decision under appeal Jurisdiction: 9111 Citation: Jemena Ltd v Mine Subsidence Board [2012] NSWSC 1509 Date of Decision: 2012-11-29 00:00:00 Before: Rein J File Number(s): 2009/298135