Tahmoor Coal Pty Ltd v Visser

Tahmoor Coal Pty Ltd sought leave to appeal from interlocutory decisions of the Land and Environment Court of New South Wales concerning the joinder of parties in proceedings brought by Jan and Yvonne Visser. The Vissers claimed compensation for mine subsidence damage under the *Mine Subsidence Compensation Act 2017* (NSW), with the Secretary of the relevant department initially identified as the decision-maker. Tahmoor Coal, the proprietor of the active mine, argued it was a necessary party to the proceedings.

The primary legal issues before the Court of Appeal were whether Tahmoor Coal was a necessary party to the proceedings under the Uniform Civil Procedure Rules 2005 (NSW), specifically rules 6.24 and 6.27, and whether the Land and Environment Court erred in refusing its joinder. The court also considered the proper identification of the respondent, noting that a government department is not a legal person and that the Secretary, as the decision-maker, should have been named.

The Court of Appeal reasoned that Tahmoor Coal, as the entity liable to pay compensation for subsidence damage caused by its mining operations, was a necessary party to ensure a just and efficient determination of the Vissers' claim. Applying the principles from *Ross v Lane Cove Council*, the court found that the direct affectation of Tahmoor Coal by the proceedings satisfied the test of necessity. The court concluded that the Land and Environment Court had erred in its refusal to join Tahmoor Coal and in its identification of the respondent.

Consequently, the Court of Appeal granted Tahmoor Coal leave to appeal, allowed the appeal, and set aside the orders of the Land and Environment Court. Tahmoor Coal was ordered to be joined as a respondent, and the Vissers were ordered to pay Tahmoor Coal's costs of the joinder application and the appeal. The Vissers were also granted a certificate under the *Suitors’ Fund Act 1951* (NSW).