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

[2019] QCA 184

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Right of appeal
3. › Bias in judicial proceedings
4. › Apprehended bias
5. › Whether reserved reasons raised fresh apprehension of bias after waiver of earlier apprehension
6. › Whether party may keep cross-appeal on bias in reserve contingent on outcome of appeal on other grounds
1. Practice and Procedure
2. › Apprehended bias
3. › Waiver
4. › Election not to seek disqualification
5. › Whether subsequent statements in reserved judgment re-enliven apprehension of bias
6. › Whether fair-minded lay observer would reasonably apprehend bias from reasons for judgment
1. Energy and Resources
2. › Mining
3. › Mining leases
4. › Referral to Land Court
5. › Jurisdiction of Land Court
6. › Whether Land Court had jurisdiction to consider groundwater impacts
7. › Mineral Resources Act 1989 (Qld), s 269(4)
8. › Environmental Protection Act 1994 (Qld), s 191
9. › Water Act 2000 (Qld), s 206

Quick Take

The Court held that a party's waiver of apprehended bias arising from in-court statements does not preclude a fresh claim based on statements in the reserved judgment, and that cross-appeals on bias cannot be held in reserve contingent on the outcome of other grounds.