Recent Cases

Tahmoor Coal Pty Ltd v Visser [2022] NSWCA 35 (11 March 2022) (Basten, Gleeson and Payne JJA)


Catchwords:


APPEALS – leave to appeal – interlocutory order in Land and Environment Court – refusal to join new party – strongly arguable case of error – need to identify proper parties – amount in issue sufficient to justify court proceedings

ENERGY AND RESOURCES – mining – subsidence – compensation claimed from proprietor of active mine – appeal by claimants from Secretary’s decision on review – Mine Subsidence Compensation Act 2017 (NSW), s 16

CIVIL PROCEDURE – joinder of parties – whether proprietor of active mine a “necessary party” –proprietor liable to pay compensation – whether direct affectation satisfies test of necessity – Uniform Civil Procedure Rules 2005 (NSW), rr 6.24, 6.27 – Ross v Lane Cove Council 86 NSWLR 34; [2014] NSWCA 50 applied

CIVIL PROCEDURE – appeal from administrative determination of compensation – Secretary of Department identified as decision-maker – naming of party – government department not a person –joinder of Secretary