Tahmoor Coal Pty Ltd v Visser

[2022] NSWCA 35

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Civil Procedure
2. › Joinder of parties
3. › Necessary party
4. › Person directly affected by orders sought
5. › Whether proprietor of coal mine liable to pay compensation was necessary party
6. › Uniform Civil Procedure Rules 2005 (NSW), rr 6.24, 6.27
1. Civil Procedure
2. › Joinder of parties
3. › Statutory compensation schemes
4. › Whether general joinder provisions of UCPR apply to proceedings under statutory compensation scheme
5. › Coal Mine Subsidence Compensation Act 2017 (NSW), s 16
6. › Uniform Civil Procedure Rules 2005 (NSW), Sch 1
1. Energy and Resources
2. › Mining
3. › Subsidence
4. › Compensation
5. › Appeal from Secretary's determination
6. › Proper parties to appeal in Land and Environment Court
7. › Coal Mine Subsidence Compensation Act 2017 (NSW), ss 8, 12, 15, 16
1. Appeal
2. › Leave to appeal
3. › Interlocutory order
4. › Refusal to join party
5. › Whether strongly arguable case of error
6. › Whether issue of general public importance

Quick Take

Compensation proceedings under the Coal Mine Subsidence Compensation Act 2017 (NSW) require the mine proprietor to be joined as a necessary party, and the Secretary (not the Department) must be named as respondent.