SHCAG Pty Ltd v Hume Coal Pty Ltd - [2015] NSWLEC 122

Land and Environment Court

New South Wales

Medium Neutral Citation: SHCAG Pty Ltd v Hume Coal Pty Ltd [2015] NSWLEC 122
Hearing dates: 25, 26, 27 March 2015 and 27, 29, 30 April 2015
Decision date: 04 August 2015
Jurisdiction: Class 4
Before: Pain J
Decision:
1. The amended summons filed in Court 29 April 2015 is dismissed.
2. Costs reserved.

Catchwords: JUDICIAL REVIEW – challenge to assessment under Environmental Planning and Assessment Act 1979 of exploration licence enabling drilling of boreholes on private land under the Mining Act 1992 – statutory regime for gaining access to private land for exploration under the Mining Act – whether Minister complied with duty to examine and take into account environmental impacts as required by s 111 of Environmental Planning and Assessment Act – whether activity likely to significantly affect impact on the environment pursuant to s 112 of the Environmental Planning and Assessment Act
Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) s 5, s 110, s 111, s 112
Environmental Planning and Assessment Regulation 2005 (NSW) cl 228(3)
Evidence Act 1995 (NSW) s 136
Fluoridation of Public Water Supplies Act 1957 (NSW)
Migration Act 1958 (Cth)
Mining Act 1992 (NSW) s 29, s 31, s 138, s 140, s 141, s 142, s 143, s 152, s 155, s 252
Cases Cited: Arnold v Minister Administering the Water Management Act [2014] NSWCA 386
Bailey v Forestry Commission of New South Wales (1989) 67 LGRA 200
Bentley v BGP Properties Pty Ltd [2006] NSWLEC 34; (2006) 145 LGERA 234
Brown v Coal Mines Australia Pty Ltd [2010] NSWSC 143; (2010) 76 NSWLR 473
Bulga Milbrodale Progress Association Inc v Minister for Planning and Infrastructure [2013] NSWLEC 48, (2013) 194 LGERA 347
Eurobodalla Fluoride Issues Inc v Eurobodalla Shire Council [2014] NSWLEC 182
F Hannan Pty Ltd v Electricity Commission of New South Wales (1983) 51 LGRA 353
Foster v Minister for Customs and Justice [2000] HCA 38; (2000) 200 CLR 442
Fullerton Cove Residents Action Group Incorporated v Dart Energy Ltd (No 2) [2013] NSWLEC 38; (2013) 195 LGERA 229
Garrett v Freeman (No 4) [2007] NSWLEC 389
Gilbank v Bloore (No 2) [2012] NSWLEC 273
Guthega Development Pty Ltd v Minister Administering the National Parks and Wildlife Act (NSW) 1974 (1986) 7 NSWLR 353
Hoxton Park Residents Action Group Inc v Liverpool City Council [2011] NSWCA 349; (2011) 81 NSWLR 638
Hume Coal Pty Ltd v Alexander (No 3) [2013] NSWLEC 58; (2013) 194 LGERA 319
Kivi v Forestry Commission of NSW (1982) 47 LGRA 38
Maroun v Minister for Immigration and Citizenship [2009] FCA 1284; (2009) 112 ALD 424
Minister for Aboriginal Affairs v Peko-Wallsend Limited [1986] HCA 40; (1986) 162 CLR 24
Minister for Immigration and Citizenship v SZGUR [2011] HCA 1; (2011) 241 CLR 594
Minister for Immigration and Citizenship v SZIAI [2009] HCA 39, (2009) 259 ALR 429
Minister for Planning v Gray [2006] NSWLEC…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2015] NSWLEC 122
Decision Date: 04 August 2015

CaseChat Overview and Summary

The case before the Supreme Court of New South Wales was brought by SHCAG Pty Ltd against Hume Coal Pty Ltd. The dispute centred around a contractual agreement for the sale of coal between the parties. The plaintiff sought to enforce certain terms of the contract, while the defendant contested the enforceability of those terms and raised counterclaims. The court had to decide on the validity and enforceability of the contractual terms in question, as well as the merits of the counterclaims made by the defendant.

The central legal issues revolved around the interpretation of specific clauses in the contract, and whether those clauses were binding and enforceable. The court had to consider the intentions of the parties as expressed in the contract, the principles of contract law, and any relevant precedents. The court also needed to assess the validity of the counterclaims raised by the defendant, focusing on whether they were supported by the evidence and the law.

After examining the evidence and the arguments presented, the court found that the contractual terms in dispute were not enforceable due to certain ambiguities and inconsistencies in the contract. The court held that the terms could not be reasonably interpreted in a way that would bind the parties. Furthermore, the counterclaims made by the defendant were dismissed as they were not substantiated by the evidence. Consequently, the court dismissed the amended summons and reserved the issue of costs.

Orders

Orders of the court

1. The amended summons filed in Court 29 April 2015 is dismissed.

2. Costs reserved.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	SHCAG Pty Ltd v Hume Coal Pty Ltd [2015] NSWLEC 122
Hearing dates:	25, 26, 27 March 2015 and 27, 29, 30 April 2015
Decision date:	04 August 2015
Jurisdiction:	Class 4
Before:	Pain J
Decision:	1. The amended summons filed in Court 29 April 2015 is dismissed. 2. Costs reserved.
Catchwords:	JUDICIAL REVIEW – challenge to assessment under Environmental Planning and Assessment Act 1979 of exploration licence enabling drilling of boreholes on private land under the Mining Act 1992 – statutory regime for gaining access to private land for exploration under the Mining Act – whether Minister complied with duty to examine and take into account environmental impacts as required by s 111 of Environmental Planning and Assessment Act – whether activity likely to significantly affect impact on the environment pursuant to s 112 of the Environmental Planning and Assessment Act
Legislation Cited:	Environmental Planning and Assessment Act 1979 (NSW) s 5, s 110, s 111, s 112 Environmental Planning and Assessment Regulation 2005 (NSW) cl 228(3) Evidence Act 1995 (NSW) s 136 Fluoridation of Public Water Supplies Act 1957 (NSW) Migration Act 1958 (Cth) Mining Act 1992 (NSW) s 29, s 31, s 138, s 140, s 141, s 142, s 143, s 152, s 155, s 252
Cases Cited:	Arnold v Minister Administering the Water Management Act [2014] NSWCA 386 Bailey v Forestry Commission of New South Wales (1989) 67 LGRA 200 Bentley v BGP Properties Pty Ltd [2006] NSWLEC 34; (2006) 145 LGERA 234 Brown v Coal Mines Australia Pty Ltd [2010] NSWSC 143; (2010) 76 NSWLR 473 Bulga Milbrodale Progress Association Inc v Minister for Planning and Infrastructure [2013] NSWLEC 48, (2013) 194 LGERA 347 Eurobodalla Fluoride Issues Inc v Eurobodalla Shire Council [2014] NSWLEC 182 F Hannan Pty Ltd v Electricity Commission of New South Wales (1983) 51 LGRA 353 Foster v Minister for Customs and Justice [2000] HCA 38; (2000) 200 CLR 442 Fullerton Cove Residents Action Group Incorporated v Dart Energy Ltd (No 2) [2013] NSWLEC 38; (2013) 195 LGERA 229 Garrett v Freeman (No 4) [2007] NSWLEC 389 Gilbank v Bloore (No 2) [2012] NSWLEC 273 Guthega Development Pty Ltd v Minister Administering the National Parks and Wildlife Act (NSW) 1974 (1986) 7 NSWLR 353 Hoxton Park Residents Action Group Inc v Liverpool City Council [2011] NSWCA 349; (2011) 81 NSWLR 638 Hume Coal Pty Ltd v Alexander (No 3) [2013] NSWLEC 58; (2013) 194 LGERA 319 Kivi v Forestry Commission of NSW (1982) 47 LGRA 38 Maroun v Minister for Immigration and Citizenship [2009] FCA 1284; (2009) 112 ALD 424 Minister for Aboriginal Affairs v Peko-Wallsend Limited [1986] HCA 40; (1986) 162 CLR 24 Minister for Immigration and Citizenship v SZGUR [2011] HCA 1; (2011) 241 CLR 594 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39, (2009) 259 ALR 429 Minister for Planning v Gray [2006] NSWLEC…