Nardell Colliery Pty Ltd v New South Wales Coal Compensation Review Tribunal & Anor [2003] NSWSC 462

Nardell Colliery Pty Ltd v New South Wales Coal Compensation Review Tribunal & Anor [2003] NSWSC 462

The Tribunal's disallowance of compensation for Nardell's loss of its share of the front-end payment and super royalty was not reasonably open because those losses resulted from the 1982 acquisition and the 1997 Arrangements required just and equitable compensation for that acquisition. The Tribunal also committed reviewable error by adopting a discount-rate methodology requiring cash flow to be adjusted for imputation credits while directing recalculation of variable "r" without that adjustment.

Jurisdiction
Australia
Judgment Date
29 May 2003
Procedural Posture
Application for Judicial Review Pursuant to S69 of the Supreme Court Act 1970 in Relation to a Determination of the New South Wales Coal Compensation Review Tribunal / Hearing of Amended Summons Challenging the Tribunal's Appeal Decision Dated 17 April 2002
Outcome
Application allowed; orders made pursuant to paragraphs (1)(a), (b) and (c) of the amended summons, with liberty to apply.
Legal Topics
['judicial Review' 'wednesbury Unreasonableness' 'coal Compensation' 'front End Payments' 'super Royalty' 'discounted Cash Flow Assessment' 'imputation Credits']
['administrative Law' 'mining Law' 'compensation for Compulsory Acquisition'] ['judicial Review' 'wednesbury Unreasonableness' 'coal Compensation' 'front End Payments' 'super Royalty' 'discounted Cash Flow Assessment' 'imputation Credits']

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Procedural Posture

Application for Judicial Review Pursuant to S69 of the Supreme Court Act 1970 in Relation to a Determination of the New South Wales Coal Compensation Review Tribunal / Hearing of Amended Summons Challenging the Tribunal's Appeal Decision Dated 17 April 2002

Legal Issues

  1. 1 ["Whether the Tribunal's refusal to bring to account Nardell's asserted loss in relation to super royalty and front-end payment was unreasonable or otherwise affected by reviewable error." 'Whether the Tribunal erred in directing the Board to recalculate variable "r" without specifying an adjustment for imputation credits while adopting a discount-rate methodology requiring that adjustment.' 'Whether the compensation payable under the 1997 Arrangements for a Part 3 application was compensation for the 1982 acquisition of coal or for the 1997 refusal of restoration.']

Ratio Decidendi

The Tribunal's disallowance of compensation for Nardell's loss of its share of the front-end payment and super royalty was not reasonably open because those losses resulted from the 1982 acquisition and the 1997 Arrangements required just and equitable compensation for that acquisition. The Tribunal also committed reviewable error by adopting a discount-rate methodology requiring cash flow to be adjusted for imputation credits while directing recalculation of variable "r" without that adjustment.

Court Disposition

Application allowed; orders made pursuant to paragraphs (1)(a), (b) and (c) of the amended summons, with liberty to apply.

Orders

  • ['Orders pursuant to paragraphs (1)(a), (b) and (c) of the amended summons.' "Liberty to apply for any other order, my associate to be notified of any such application within fourteen days from today's date."]