Broken Hill Cobalt Project Pty Ltd v Lord

• 1. Energy and Resources
  2. › Mining
  3. › Exploration licence
  4. › Land access
  5. › Access arrangement
  6. › Compensation
  7. › Compensable loss
  8. › Non-financial loss
  9. › Whether impacts on management and inherent damage to land surface are compensable losses
  10. › Mining Act 1992 (NSW), ss 140, 141, 143, 155, 262, 272, Pt 8 Div 2, Pt 13 Div 1
• 1. Appeal
  2. › Adequacy of reasons
  3. › Duty to give reasons
  4. › Whether reasons adequate where global lump sum awarded without explanation of how it was calculated or apportioned between heads of loss
• 1. Appeal
  2. › No evidence ground
  3. › Whether finding made in absence of evidence
  4. › Whether total absence of evidence to support quantum of compensation for non-financial losses
• 1. Practice and Procedure
  2. › Procedural fairness
  3. › Whether denial of procedural fairness where court adopted approach to valuation materially different from evidence advanced by parties
  4. › Whether parties on notice of issues

Quick Take