Anti-mine activists cleared to fight on to High Court
A group fighting the New Acland mine redevelopment was probably insolvent but could fight on, a judge has ruled.
The group of green activists and farmers fighting Queensland’s $900m New Acland coalmine redevelopment was probably insolvent but could still run up hefty legal bills in the High Court, a judge has ruled.
Mine developer New Hope had applied to wind up the Oakey Coal Action Alliance for owing the company $736,823 in costs awarded last year by the Queensland Court of Appeal.
While judge Peter Davis of the Queensland Supreme Court ruled on Wednesday that OCAA was apparently insolvent and had no assets, he said there were “no broader public interest issues” to support winding up the group.
Instead of issuing the liquidation order sought by New Hope, he adjourned the case until after OCAA’s appeal to the High Court was heard.
OCAA secretary Paul King said: “This was essentially the last-ditch attempt by New Hope to stop us being able to have our day in court. New Hope has tried to deny us justice and the company has failed.”
But New Hope turned the heat back on the Queensland government, saying the state could approve the New Acland mine expansion on the Darling Downs ahead of the High Court proceedings.
“New Acland stage 3 will create 187 new jobs within six months and generate $7bn in economic activity over the life of the project,” the company said. “There remains no impediment to the Queensland government granting the necessary approvals to enable this shovel-ready project to proceed.”
Justice Davis said it would be open to the High Court to order OCAA to put up cash as security for New Hope’s costs in the coming appeal. He said the group’s interests in pursuing the High Court action would be prejudiced irreparably if there was no adjournment of the application brought by New Hope to wind it up.
On the other hand, the company would “suffer little in the way of prejudice”.
“It has an available remedy to address the prejudice, namely by making an application for security for costs of the (High Court) appeal,” Justice Davis said.
New Hope has spent 13 years trying to get the New Acland expansion passed regulators and the courts.
The company believed it had cleared the last major hurdle after the Queensland Court of Appeal found for it last September and awarded costs.
New Hope says it has had to lay off more than 170 mine, port and administrative staff because of the delays.
To join the conversation, please log in. Don't have an account? Register
Join the conversation, you are commenting as Logout