Queensland Judgments
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Oakey Coal Action Alliance Inc v New Acland Coal Pty Ltd (No 2)[2019] QCA 238

Reported at (2019) 2 QR 312

Oakey Coal Action Alliance Inc v New Acland Coal Pty Ltd (No 2)[2019] QCA 238

Reported at (2019) 2 QR 312
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Editorial Notes

  • Published Case Name:

    Oakey Coal Action Alliance Inc v New Acland Coal Pty Ltd & Ors

  • Shortened Case Name:

    Oakey Coal Action Alliance Inc v New Acland Coal Pty Ltd (No 2)

  • Reported Citation:

    (2019) 2 QR 312

  • MNC:

    [2019] QCA 238

  • Court:

    QCA

  • Judge(s):

    Sofronoff P, Philippides JA, Burns J

  • Date:

    01 Nov 2019

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2018] QSC 8802 May 2018Application 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 11928 May 2018Form of orders and costs: Bowskill J.
Appeal Determined (QCA)[2019] QCA 184 (2019) 2 QR 27110 Sep 2019Appeal 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 31201 Nov 2019Varied 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 7305 Jun 2020Special leave granted on limited grounds (ground challenging relief but not the finding of apprehended bias): Bell and Gageler JJ.
HCA Transcript[2020] HCATrans 15406 Oct 2020-

Appeal Status

Appeal Determined (QCA) Special Leave Granted (HCA)

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