NSW COAL COMPENSATION BOARD v NSW COAL COMPENSATION TRIBUNAL and ORS [1997] NSWCA 232

NSW COAL COMPENSATION BOARD v NSW COAL COMPENSATION TRIBUNAL and ORS [1997] NSWCA 232

The respondents' losses were directly attributable to the discharge of an estate or interest by operation of s5 of the Coal Acquisition Act 1981, entitling them to claim compensation under the relevant clauses of the Arrangements. The statutory context does not preclude compensation for distinct losses under both cl9(1) and cl9(2).

Parties
Appellant: NSW Coal Compensation Board; First Respondent: NSW Coal Compensation Tribunal; Second Respondent: Gilder (No.1); Third Respondent: Gilder (No.2); Fourth Respondent: Barama; Fifth Respondent: Buchanan Borehole
Jurisdiction
Australia
Judgment Date
29 July 1997
Procedural Posture
Appeal / Judgment (court of Appeal)
Outcome
appeal dismissed
Legal Topics
Statutory Interpretation, Compensation Law, Mining Law
Administrative Law Statutory Interpretation Compensation Law Mining Law

Case Brief

Summary, issues, holding and outcome

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Parties

NSW Coal Compensation Board

Appellant

NSW Coal Compensation Tribunal

First Respondent

Gilder (No.1)

Second Respondent

Gilder (No.2)

Third Respondent

Barama

Fourth Respondent

Buchanan Borehole

Fifth Respondent

Procedural Posture

Appeal / Judgment (court of Appeal)

Legal Issues

  1. 1 Whether respondents' losses were directly attributable to the Coal Acquisition Act 1981 (CAA) for purposes of compensation under the Arrangements
  2. 2 Whether losses resulted from the operation of s5 of the CAA or from other legislation
  3. 3 If claimants are limited to one head of compensation or entitled to compensation under multiple clauses

Ratio Decidendi

The respondents' losses were directly attributable to the discharge of an estate or interest by operation of s5 of the Coal Acquisition Act 1981, entitling them to claim compensation under the relevant clauses of the Arrangements. The statutory context does not preclude compensation for distinct losses under both cl9(1) and cl9(2).

Court Disposition

appeal dismissed

Orders

  • Appellant to pay the costs of the second to fifth respondents
  • Claims remitted to the Board to be determined according to law