New Acland Coal bid to liquidate Oakey Coal Action Alliance delayed by Supreme Court
More than 60 landholders fighting the controversial expansion of a southeast Queensland coal mine have had a minor win in court, with a judge making a decision over the mine owner’s bid to have their group liquidated.
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The Oakey Coal Action Alliance has welcomed today’s Supreme Court decision to delay a move by Queensland miner New Acland Coal to have the farming group liquidated.
Justice Peter Davis today adjourned his decision on a New Acland Coal application to have OCAA wound up over a costs debt until after a High Court decision.
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More than 60 landholders fighting the expansion of a coal mine on Queensland’s Darling Downs have been granted leave by the High Court to appeal a finding against them last year.
Since 2007, the Oakey Coal Action Alliance (OCAA) has been challenging plans by New Hope Group-owned New Acland Coal for a stage three expansion at the mine.
Last year, the Queensland Court of Appeal ruled against OCAA, finding that a 2017 Land Court decision against the mine was affected by apprehended bias.
But the court did not invalidate the whole Land Court judgment.
OCAA was ordered to pay costs to New Acland Coal (NAC) by the Court of Appeal in November 2019, when it dismissed their appeal.
The High Court agreed to hear OCAA’s appeal argument, finding that for clarity and fairness, the matter should be reheard.
New Acland has assessed OCAA’s costs debt to be $736,823.
Justice Davis, in today’s decision, said OCAA owed a substantial debt and it appeared to be insolvent.
However, he said the making of a winding up order now would practically frustrate its High Court appeal.
Justice Davis said OCAA’s interests may be frustrated irreparably if there was no adjournment of the winding up application decision.
He said New Acland Coal would suffer little in the way of prejudice by waiting until after the High Court decision and it could apply for security for the costs of that appeal.
New Hope has previously attempted to have OCAA wound up over costs of an earlier Court of Appeal challenge.
OCAA secretary, Paul King, said with today’s Supreme Court decision, there were now no obstacles preventing OCAA’s High Court appeal.
He said it concerned the expansion of the stage three New Acland coal mine which, if approved, would “rip apart prime agricultural land and threaten underground water sources that sustain many farms”.
“This was essentially the last ditch attempt by New Hope to stop us being able to have our day in court,” Mr King said.
“New Hope has tried to deny us justice and the company has failed.”
OCAA president, Aileen Harrison said today’s decision was a tremendous relief.
“There appears to be no more obstacles to us proceeding with this legal action that will hopefully result in us protecting the land for future generations,”Ms Harrison said.
Barrister for Oakey Coal Action Alliance. David Topp, said the ultimate result of New Acland’s winding up proceeding remains to be determined, along with the costs incurred along the way. ‘There have been two hearings of the matter plus a judgment delivery,’’ he said.
“Costs traditionally follow the event. The event remains for final determination. Much depends now on what processes transpire in the High Court.’’