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- Unreported Judgment
SUPREME COURT OF QUEENSLAND
Rolleston Coal Holdings Pty Ltd & Ors v The Deputy Premier, Treasurer & Minister for Aboriginal & Torres Strait Islander Partnerships  QSC 223
ROLLESTON COAL HOLDINGS PTY LIMITED
ACN 098 156 702
SUMISHO COAL AUSTRALIA PTY LIMITED
ACN 061 524 249
ICR AUSTRALIA PTY LTD t/a ITOCHU COAL RESOURCES AUSTRALIA PTY LTD ACN 072 596 733
ICRA SMM PTY LTD ACN 106 260 584
THE DEPUTY PREMIER, TREASURER AND MINISTER FOR ABORIGINAL AND TORRES STRAIT ISLANDER PARTNERSHIPS
14131 of 2019
Supreme Court at Brisbane
1 June 2020
1 June 2020
D Butler for the Applicants
M Brennan QC for the Respondent
King & Wood Mallesons for the Applicants
The Crown Solicitor for the Respondent
HER HONOUR: Well, Ms Brennan, I do not think I really need to hear you on that.
I am pretty firmly of the view that it is not a commercial matter.
The amount of money at issue, quite frankly, is irrelevant if the matter is within the jurisdiction of the Court.
It is an administrative law matter for judicial review. It might be accepted that the applicant in each case is a coal mining company; it certainly does not mean that every dispute that a coal mining company gets into, therefore, becomes a commercial matter.
I suppose it might be possible that in a hypothetical case that the questions before the administrative decision-maker are so caught up with questions of commerce or construction of commercial documents or practices in commerce that there is a commercial flavour to the questions that need to be decided. I suppose, therefore, that it might be possible for an administrative law judicial review matter to end up on the commercial list, but this is not such a case when the matters for review are examined. They are typical questions of administrative law; they are not questions, as I say, that have a commercial flavour or where there are commercial documents or commercial practices to be examined, so, in my view, it is, quite clearly, not a commercial matter.
I will just add that the commercial list judges do not have a roving commission to collect any interesting looking matters that come along. It must be accepted that there is some flexibility, and, I suppose, vagueness about the definition of what is a commercial matter. But the commercial list judges are given special powers in this Court to deal with commercial matters, and they are powers which, to some extent, are not examinable upon appeal, so they have to be carefully exercised, and, as I say, this matter is plainly not a commercial matter, in my view.
- Published Case Name:
Rolleston Coal Holdings Pty Ltd & Ors v The Deputy Premier, Treasurer & Minister for Aboriginal & Torres Strait Islander Partnerships
- Shortened Case Name:
Rolleston Coal Holdings Pty Ltd v The Deputy Premier, Treasurer & Minister for Aboriginal & Torres Strait Islander Partnerships
 QSC 223
01 Jun 2020