Ivanhoe Coal Pty Ltd v TransGrid [2000] NSWLEC 40

Ivanhoe Coal Pty Ltd v TransGrid [2000] NSWLEC 40

There is no jurisdiction for the Land and Environment Court to hear a claim under s 145 of the Public Works Act 1912, as s 145 was not intended to be encompassed by the Land Acquisition (Just Terms Compensation) Act 1991 and, following the repeal of arbitration provisions, claims are to be settled under the Commercial Arbitration Act 1984, not the Just Terms Act.

Jurisdiction
Australia
Judgment Date
08 March 2000
Procedural Posture
Compensation Claim / Jurisdictional Determination
Outcome
Jurisdiction denied
Legal Topics
['construction of Statutes' 'mistake in Legislation' 'jurisdiction of Land and Environment Court' 'compensation for Loss of Minerals' 'arbitration Under Public Works Act']
['compensation Law' 'statutory Interpretation' 'arbitration'] ['construction of Statutes' 'mistake in Legislation' 'jurisdiction of Land and Environment Court' 'compensation for Loss of Minerals' 'arbitration Under Public Works Act']

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Procedural Posture

Compensation Claim / Jurisdictional Determination

Legal Issues

  1. 1 ['Whether the Court has jurisdiction to determine compensation claims under s 145 of the Public Works Act 1912 after amendments by the Land Acquisition (Just Terms Compensation) Act 1991' 'Whether s 145(2) of the Public Works Act 1912 should be construed to refer to the Just Terms Act or the Commercial Arbitration Act' 'Approach to construction of statutory provisions when a drafting error is apparent']

Ratio Decidendi

There is no jurisdiction for the Land and Environment Court to hear a claim under s 145 of the Public Works Act 1912, as s 145 was not intended to be encompassed by the Land Acquisition (Just Terms Compensation) Act 1991 and, following the repeal of arbitration provisions, claims are to be settled under the Commercial Arbitration Act 1984, not the Just Terms Act.

Court Disposition

Jurisdiction denied

Orders

  • ["Court finds it has no jurisdiction over TransGrid in respect of the subject matter of the applicant's claim under the Land Acquisition (Just Terms Compensation) Act 1991." 'Costs reserved.']