$90k security sought

New Acland applies to High Court for coal alliance to cough up

NEW Acland Coal has applied to the High Court for the Oakey Coal Action Alliance to stump up $90,000 to hold as bond in the event its appeal is unsuccessful.

OCAA sought and was granted special leave to appeal to the High Court in June over a series of legal battles between it and New Acland Coal over the Stage 3 expansion of the

New Acland Coal Mine.

As well as seeking $90,000 in security, New Acland Coal is seeking an order that, should OCAA fail to provide security for its costs within 14 days of an order of the High Court, the appeal by OCAA be stayed.

Last month, the Supreme Court adjourned a bid by New Acland Coal to liquidate OCAA, pending the outcome of the High Court case.

In adjourning the case, Supreme Court Justice Peter Davis acknowledged OCAA “owes a substantial debt to (New Acland Coal) and appears to be insolvent”.

Justice Davis went on to explain that rather than liquidating OCAA, New Acland had another option – “namely by making an application for security for costs of the (High Court) appeal”.

OCAA secretary Paul King described New Acland’s latest move as “lawfare”.

“(New Acland) have to prove that (the bond is) warranted in the first instance,” he said.

“We always expected they would try another trick after they failed to liquidate OCAA.

“If they succeed we’ll deal with it at the time, but we don’t think it’s warranted.

“It’s for the court to say really, but in our view, this matter has to be resolved and attempts to stop it being resolved we think will ultimately fail.”

OCAA is appealing to the High Court after an original Land Court decision over the mine’s expansion was found to have been affected by an apprehension of bias.

But the Land Court ruling continued to affect subsequent decisions, Environmental Defenders Office principal lawyer Sean Ryan explained.

“OCAA is asking this High Court whether the correct law has been followed in this instance,” he said.