3-2-21 / Damian Clothier KC, Nicholas Andreatidis KC — 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…
27-9-19 / Damian Clothier KC, 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.…
20-9-19 / Damian Clothier KC, Nicholas Andreatidis KC — 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…
27-8-19 / Damian Clothier KC — 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…
10-2-19 / Damian Clothier KC — 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…
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