Mine Subsidence Board v Wambo Coal Pty Ltd [2007] NSWCA 137

Mine Subsidence Board v Wambo Coal Pty Ltd [2007] NSWCA 137

Section 12A(1)(b) of the Mine Subsidence Compensation Act 1961 only applies to reimbursement of proper and necessary expense incurred in preventing or mitigating damage which is reasonably anticipated to arise from subsidence that has already taken place; it does not apply to expense incurred before subsidence occurs.

Jurisdiction
Australia
Judgment Date
15 June 2007
Procedural Posture
Appeal / Court of Appeal (leave to Appeal, Merits, Disposition)
Outcome
Appeal allowed, leave to appeal granted, answers to preliminary questions set aside and substituted.
Legal Topics
['compensation for Works Done to Prevent or Mitigate Damage' 'interpretation of Statutes' 'mine Subsidence Compensation Act 1961']
['energy and Resources' 'statutory Regulation'] ['compensation for Works Done to Prevent or Mitigate Damage' 'interpretation of Statutes' 'mine Subsidence Compensation Act 1961']

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Procedural Posture

Appeal / Court of Appeal (leave to Appeal, Merits, Disposition)

Legal Issues

  1. 1 ['Whether compensation can be claimed for works done to prevent or mitigate damage from anticipated subsidence under s 12A(1)(b) of the Mine Subsidence Compensation Act 1961' 'Whether subsidence must have taken place prior to incurring expense for compensation claims']

Ratio Decidendi

Section 12A(1)(b) of the Mine Subsidence Compensation Act 1961 only applies to reimbursement of proper and necessary expense incurred in preventing or mitigating damage which is reasonably anticipated to arise from subsidence that has already taken place; it does not apply to expense incurred before subsidence occurs.

Court Disposition

Appeal allowed, leave to appeal granted, answers to preliminary questions set aside and substituted.

Orders

  • ['Leave to appeal granted.' 'Set aside the answers given by Lloyd J to questions (a) and (b) on 24 August 2006 and substitute: (a) Yes, (b) No.' 'Proceedings remitted to the Land and Environment Court for further disposition.' "Respondent to pay appellant's costs of the appeal, but to have a certificate under the...