Lord v Broken Hill Cobalt Project Pty Limited [2023] NSWLEC 70

Lord v Broken Hill Cobalt Project Pty Limited [2023] NSWLEC 70

The scope of the remitter from the Court of Appeal permits the Land and Environment Court to consider further submissions relating to the quantification of compensation payable for the heads of loss identified at [43] and [44]-[46] of Lord No 1, including the filing of new submissions or evidence if allowed by the Court.

Jurisdiction
Australia
Judgment Date
07 July 2023
Procedural Posture
Judicial Review / Remitter Following Appeal
Outcome
directions issued for further submissions on quantification of compensation
Legal Topics
['remitter' 'land Access' 'compensation Quantification' 'adequacy of Reasons']
['mining Law' 'judicial Review'] ['remitter' 'land Access' 'compensation Quantification' 'adequacy of Reasons']

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Procedural Posture

Judicial Review / Remitter Following Appeal

Legal Issues

  1. 1 ['scope of remitter from the Court of Appeal' 'quantification of compensation payable for compensable losses under Mining Act 1992 (NSW)' 'adequacy of reasons for compensation determination']

Ratio Decidendi

The scope of the remitter from the Court of Appeal permits the Land and Environment Court to consider further submissions relating to the quantification of compensation payable for the heads of loss identified at [43] and [44]-[46] of Lord No 1, including the filing of new submissions or evidence if allowed by the Court.

Court Disposition

directions issued for further submissions on quantification of compensation

Orders

  • ['Any application to rely upon further evidence on the remitter is to be filed and served within 7 days of judgment publication and is returnable at 9am on 27 July 2023.' 'If no application for further evidence is made, Respondents are to file and serve written submissions on compensation quantification by 28 July...