NSW COAL COMPENSATION BOARD v NSW COAL COMPENSATION TRIBUNAL and ANOR [1997] NSWCA 231

NSW COAL COMPENSATION BOARD v NSW COAL COMPENSATION TRIBUNAL and ANOR [1997] NSWCA 231

The loss suffered by Bloomfield was a pecuniary loss directly attributable to the discharge of leases by virtue of s5 of the Coal Acquisition Act 1981. Such loss is not excluded by the definition of 'pecuniary loss' in cl3 of the Compensation Arrangements. The operation of s5 was not negated by transitional provisions, and surface rights terminated when leases were wholly discharged.

Parties
Appellant: NSW Coal Compensation Board; First Respondent: NSW Coal Compensation Tribunal; Second Respondent: Bloomfield Collieries Pty Ltd
Jurisdiction
Australia
Judgment Date
29 July 1997
Procedural Posture
Appeal / Court of Appeal Decision
Outcome
Appeal dismissed with costs.
Legal Topics
Statutory Interpretation, Compensation for Acquisition of Property, Mining Law, Pecuniary Loss, Attribution of Loss
Administrative Law Statutory Interpretation Compensation for Acquisition of Property Mining Law Pecuniary Loss Attribution of Loss

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Parties

NSW Coal Compensation Board

Appellant

NSW Coal Compensation Tribunal

First Respondent

Bloomfield Collieries Pty Ltd

Second Respondent

Procedural Posture

Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether s5 of the Coal Acquisition Act 1981 discharged coal leases including surface rights
  2. 2 Whether the loss claimed was a 'pecuniary loss' under the Compensation Arrangements
  3. 3 Whether the loss was 'directly attributable' to the discharge of leases by virtue of s5 of the CAA

Ratio Decidendi

The loss suffered by Bloomfield was a pecuniary loss directly attributable to the discharge of leases by virtue of s5 of the Coal Acquisition Act 1981. Such loss is not excluded by the definition of 'pecuniary loss' in cl3 of the Compensation Arrangements. The operation of s5 was not negated by transitional provisions, and surface rights terminated when leases were wholly discharged.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appellant to pay costs of the second respondent.
  • Claim remitted to the Board to be determined according to law.