Elhazouri v Subsidence Advisory NSW [2019] NSWLEC 41

Elhazouri v Subsidence Advisory NSW [2019] NSWLEC 41

The Court found, on the evidence notably by Dr Nguyen, that the entirety of the compensable damage to Mr Elhazouri's dwelling (including his garage) was caused by mine subsidence triggered by mining activities. The claims for driveway and brick fence damage failed due to insufficient evidence of causal connection to subsidence. As the successful applicant, and under applicable principles, Mr Elhazouri is to have his costs, limited to allowable outlays under the law for self-represented litigants.

Jurisdiction
Australia
Judgment Date
10 April 2019
Procedural Posture
Mine Subsidence Compensation Claim (class 3) / Hearing and Decision After Evidence and Submissions
Outcome
Applicant partially succeeded; matter adjourned for determination of scope/quantum of rectification and contingent limited costs order made in applicant's favour.
Legal Topics
['mine Subsidence Compensation' 'statutory Interpretation' 'costs for Self Represented Litigants']
['environmental Law' 'compensation Law'] ['mine Subsidence Compensation' 'statutory Interpretation' 'costs for Self Represented Litigants']

Case Brief

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Procedural Posture

Mine Subsidence Compensation Claim (class 3) / Hearing and Decision After Evidence and Submissions

Legal Issues

  1. 1 ["Whether damage to Mr Elhazouri's dwelling was caused by mine subsidence under the Mine Subsidence Compensation Act 1961" 'Extent of compensable damage under the Act' 'Entitlement to compensation for ancillary structures (driveway, brick fence)' 'Appropriate costs order for self-represented litigant']

Ratio Decidendi

The Court found, on the evidence notably by Dr Nguyen, that the entirety of the compensable damage to Mr Elhazouri's dwelling (including his garage) was caused by mine subsidence triggered by mining activities. The claims for driveway and brick fence damage failed due to insufficient evidence of causal connection to subsidence. As the successful applicant, and under applicable principles, Mr Elhazouri is to have his costs, limited to allowable outlays under the law for self-represented litigants.

Court Disposition

Applicant partially succeeded; matter adjourned for determination of scope/quantum of rectification and contingent limited costs order made in applicant's favour.

Orders

  • ['The matter is adjourned until 7 June 2019 to allow parties to resolve issues of rectification scope and methods.' "Unless the Respondent applies to be heard on costs by 8 May 2019, the Respondent is to pay the Applicant's allowable costs and expenses." 'If parties reach agreement on quantum and methodology for...