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Resources & Energy Cases

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

3-2-21 / Damian Clothier QC, Nicholas Andreatidis QC — Resources & Energy

New Acland Coal Pty Ltd (NAC) applied for a ‘stage 3 expansion’ of its coal mining operations near Oakey in Queensland by seeking two further mining leases and an amendment of its existing environmental authority (‘applications’). Objections, including by the Oakey Coal Action Alliance Inc (OCAA) which represents a group…

Sanrus Pty Ltd v Monto Coal 2 Pty Ltd (No 7) [2019] QSC 241

27-9-19 / Damian Clothier QC, Mohammud Jaamae Hafeez-Baig — Contract, Resources & Energy

This decision was a sequel to Sanrus Pty Ltd v Monto Coal 2 Pty Ltd (No 5) [2019] QSC 210, in which the Supreme Court (Bond J) provisionally dealt with some of the objections made by the defendants to certain expert opinion evidence sought to be adduced by the plaintiffs.…

Oakey Coal Action Alliance Inc v New Acland Coal Pty Ltd & Ors [2019] QCA 184

20-9-19 / Damian Clothier QC, Nicholas Andreatidis QC — Judicial Review & Administrative, Resources & Energy

The Queensland Court of Appeal was concerned with two issues. First, there was a question about the Land Court’s jurisdiction. The second issue was whether or not the Land Court’s recommendation decision was affected by apprehended bias. New Acland was successful in the appeal on both grounds. The Court of…

Sanrus Pty Ltd v Monto Coal 2 Pty Ltd (No 5) [2019] QSC 210

27-8-19 / Damian Clothier QC — Resources & Energy, Contract

This proceeding concerned complaints made by junior joint venture partners about the conduct of the senior joint venture partner in relation to decisions made in the course of performing a joint venture for the exploitation of a coal deposit at Monto in Queensland. The plaintiffs contended that the first defendant…

Wellington v Huaxin Energy (Aust) Pty Ltd (formerly Cuesta Coal Limitted) [2019] QSC 18

10-2-19 / Damian Clothier QC — Contract, Resources & Energy, Land Law & Property

The plaintiffs were claiming damages for breach of contract or a declaration that the contract was still on foot and capable of future performance. The proceeding arised from the sale by the first and second plaintiffs, Owen Reginald and Roxanne Wellington, and Ronald Fox, (who was later replaced by the…

Cases — Damian Clothier QC