Jemena Gas Networks (NSW) Ltd v Mine Subsidence Board

HIGH COURT OF AUSTRALIAFRENCH CJ,GUMMOW, HAYNE, HEYDON, CRENNAN, KIEFEL AND BELL JJJEMENA GAS NETWORKS (NSW) LIMITED  APPELLANTANDMINE SUBSIDENCE BOARD  RESPONDENTJemena Gas Networks (NSW) Limited v Mine Subsidence Board [2011] HCA 191 June 2011S312/2010ORDER1.        Appeal allowed. 2.Set aside the orders of the Court of Appeal of the Supreme Court of New South Wales made on 28 June 2010 and in their place order:(a)      That the appeal to that Court be allowed.(b)Set aside the orders of the Land and Environment Court of New South Wales made on 17 July 2009 and in their place order that the preliminary question of law identified by Sheahan J of the Land and Environment Court of New South Wales, namely:Whether the Applicant is entitled to an amount under section 12A(1)(b) of the Mine Subsidence Compensation Act 1961 (NSW) in respect of expenses that it incurred in performing work on the Sydney to Moomba Gas Pipeline in circumstances where subsidence occurred at or near Mallaty Creek near Campbelltown in or about October 2005, on the assumption that the Applicant can establish that, for the purposes of that section, the expenses incurred by it were "proper and necessary",be answered:It being agreed that the applicant reasonably anticipated, based on expert advice, that cumulative subsidence at Mallaty Creek from approved longwall mining of Longwalls 30-32 was likely to cause damage to its pipeline, the applicant was entitled under s 12A(1)(b) of the Mine Subsidence Compensation Act 1961 (NSW) to an amount from the Mine Subsidence Compensation Fund to meet the...