Mine targets coal alliance

AN APPLICATION from New Acland Coal to wind up the Oakey Coal Action Alliance over more than $750,000 owed in court costs has been set down for a decision on papers on June 11.

New Acland Coal obtained a costs order against OCAA as a result of winning in the Court of Appeal last year.

According to documents filed in the Supreme Court in March, Acland alleged OCAA could not pay the costs that had been ordered and was therefore insolvent and should be wound up.

But when Acland filed its application, there was a dispute as to the amount of costs

OCAA should pay.

Since that application was filed, Acland’s costs have been assessed at “something over $750,000”, according to a summary of the case prepared by a court officer.

“For reasons that are fairly technical, Acland wish to file a second winding-up application to rely on the $750,000 costs assessment,” the summary said.

On May 26, Justice Peter Davis ordered by consent that Acland was given leave to file its new winding up order over the $750k debt, that the original application be dismissed, and that any further material Acland wished to rely upon be submitted by June 1.

OCAA has until June 8 to submit any further material, and Acland can reply to that up until June 10.

The legal back and forth over the future of OCAA comes as the days count down to OCAA’s pivotal application seeking special leave to appeal to the High Court over Acland’s controversial Stage 3 expansion.

Acland and OCAA have been tied up in a series of legal battles in recent years.

The appeal relates to the September Queensland Court of Appeal decision, which dismissed both grounds of the alliance’s appeal and found a historic Land Court decision over the mine was affected by apprehended bias.

The special leave application is expected to be heard at 9.30am on Friday.

matthew.newton@thechronicle.com.au