Martin & Ors v Hume Coal Pty Ltd (No. 2) [2015] NSWLEC 1550

Land and Environment Court New South Wales

Medium Neutral Citation: Martin & Ors v Hume Coal Pty Ltd (No. 2) [2015] NSWLEC 1550 Hearing dates: 18 September 2015 Date of orders: 23 December 2015 Decision date: 23 December 2015 Jurisdiction: Class 8 Before: Dixon C Decision: The Court orders: (1) Dismiss the plaintiffs' application to set aside the order for costs made on 13 November 2015. (2) The costs order made on 13 November 2015 is affirmed. (3) The plaintiffs are to pay the defendant's costs of this application. Catchwords: COSTS – mining – exploration licence - meaning of the phrase 'rights conferred by the licence' in s31(1) of the Mining Act 1992 – whether the 'rights conferred by the licence' in s31 are extended by the terms of the conditions attached to the licence - including a right to access the surface of the land by vehicle to carry out prospecting and/or prospecting operations - whether identified improvements are 'other valuable works' and thereby are 'significant improvements' under s31(1) Legislation Cited: Evidence Act 1995 (NSW) Land and Environment Court Act 1979 (NSW) Mining Act 1992 (NSW) Courts and Crimes Legislation Further Amendment Act 2008 (NSW) Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Workplace Injury Management and Workers Compensation Act 1988 (NSW) Cases Cited: Martin & Ors v Hume Coal Pty Ltd [2015] NSWLEC 1461 Category: Costs Parties: Peter Martin (Applicant 1) Phillip Pollicina (Applicant 2) Fesen Pty Ltd (Applicant 3) Ross Alexander (Applicant 4) Kathleen Roche (Applicant 5) Hume Coal Pty Limited (Respondent) Representation: Counsel: Robert White (Applicants) Amy Knox (Respondent)