Oakey Coal Action Alliance Inc v New Acland Coal Pty Ltd [2021] HCA 2

Oakey Coal Action Alliance Inc v New Acland Coal Pty Ltd [2021] HCA 2

Where recommendations and orders made by a court or administrative tribunal are affected by apprehended bias, the subsequent decisions are nullities; consequential orders must set aside affected orders and refer matters back for full reconsideration. Practical inconvenience and expenditure do not justify refusing such relief when statutory duties remain unperformed due to jurisdictional error.

Parties
Appellant: Oakey Coal Action Alliance Inc; First Respondent: New Acland Coal Pty Ltd; Second Respondent: Second Respondent; Third Respondent: Third Respondent
Jurisdiction
Australia
Judgment Date
03 February 2021
Procedural Posture
Appeal / Final Judgment and Orders in the High Court of Australia
Outcome
Appeal allowed
Legal Topics
Apprehended Bias, Procedural Fairness, Jurisdiction of Inferior Courts, Judicial Review, Mining Leases, Environmental Authority
Administrative Law Environmental Law Apprehended Bias Procedural Fairness Jurisdiction of Inferior Courts Judicial Review Mining Leases Environmental Authority

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Parties

Oakey Coal Action Alliance Inc

Appellant

New Acland Coal Pty Ltd

First Respondent

Second Respondent

Second Respondent

Third Respondent

Third Respondent

Procedural Posture

Appeal / Final Judgment and Orders in the High Court of Australia

Legal Issues

  1. 1 Whether recommendations made by the Land Court affected by apprehended bias
  2. 2 Whether administrative decisions made pursuant to directions affected by apprehended bias are nullities
  3. 3 Whether the Court of Appeal should have referred matters back to the Land Court for full reconsideration

Ratio Decidendi

Where recommendations and orders made by a court or administrative tribunal are affected by apprehended bias, the subsequent decisions are nullities; consequential orders must set aside affected orders and refer matters back for full reconsideration. Practical inconvenience and expenditure do not justify refusing such relief when statutory duties remain unperformed due to jurisdictional error.

Court Disposition

Appeal allowed

Orders

  • Orders 3 and 4 of the Court of Appeal of the Supreme Court of Queensland (1 November 2019) set aside
  • Orders 4, 5, 6, 7 and 8 of the Supreme Court of Queensland (28 May 2018) set aside