Recent Cases

Broken Hill Cobalt Project Pty Ltd v Lord [2022] NSWCA 271 (16 December 2022) (Ward P, Mitchelmore and Kirk JJA)


ENERGY AND RESOURCES — Mining — Exploration — Licence — Rights — Land access — Where appellants hold Exploration Licences covering land forming part of Thackaringa Station, upon which respondents perform sheep farming — Where title to Thackaringa Station is comprised of freehold and leasehold titles, the leasehold being Crown leases permitting use of the surface of the land for grazing only — Where Exploration Licences held over Crown leasehold land only — Where appellants applied pursuant to s 140 of the Mining Act 1992 (NSW) for access arrangement — Where respondents applied for review of arbitrator’s decision pursuant to s 155 of the Mining Act 1992 (NSW)

ENERGY AND RESOURCES — Mining — Exploration — Licence — Compensation — Heads of compensable loss

APPEALS — Procedural fairness — Failure to give reasons — Adequacy of reasons

APPEALS — From finding of fact — No evidence