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New Acland Coal Pty Ltd v Smith (No 2) [2018] QSC 119
JUDGE(S):
Bowskill J
DELIVERED ON:
28 May 2018
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Editorial Notes
Published Case Name:
New Acland Coal Pty Ltd v Smith & Ors (No 2)
Shortened Case Name:
New Acland Coal Pty Ltd v Smith (No 2)
MNC:
[2018] QSC 119
Court:
QSC
Judge(s):
Bowskill J
Date:
28 May 2018
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2018] QSC 88
02 May 2018
Application for judicial review allowed in relation to Ground 10 (groundwater), Ground 7 (intergenerational equity) and Ground 1(aii) (noise); decision of Land Court set aside and matter referred back to Land Court for further consideration on those issues: Bowskill J.
Primary Judgment
[2018] QSC 119
28 May 2018
Form of orders and costs: Bowskill J.
Appeal Determined (QCA)
[2019] QCA 184 (2019) 2 QR 271
10 Sep 2019
Appeal dismissed; cross-appeal granted (apprehended bias on the part of the Member); orders 4 to 8 of Bowskill J set aside; matter remitted back to the Land Court in its entirety: Sofronoff P and Philippides JA and Burns J.
Appeal Determined (QCA)
[2019] QCA 238 (2019) 2 QR 312
01 Nov 2019
Varied form of order and costs - Oakey Coal Action Alliance Inc's appeal dismissed; New Acland Coal Pty Ltd's Cross Appeal allowed; no orders set aside (as orders 4 to 8 of Bowskill J had been performed and were thus spent); declaration that the Member of the Land Court failed to observe the requirements of procedural fairness with costs ordered in favour of New Acland Coal Pty Ltd: Sofronoff P and Philippides JA and Burns J.
Special Leave Granted (HCA)
[2020] HCATrans 73
05 Jun 2020
Special leave granted on limited grounds (ground challenging relief but not the finding of apprehended bias): Bell and Gageler JJ.
HCA Transcript
[2020] HCATrans 154
06 Oct 2020
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HCA Judgment
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Appeal Status
Appeal Determined (QCA) - Appeal Determined (HCA)
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