July 24, 2020

A Supreme Court bid by New Acland Coal to wind up the group opposing its plans to expand the Acland coal mine has been deferred.

New Acland Coal applied to the court earlier this year to wind up the Oakey Coal Action Alliance Inc, claiming the group was insolvent due to costs awarded against it in earlier court hearings.

These costs have been estimated at $700,000.

Both parties are currently involved in litigation in the High Court.

In his 16-page ruling, delivered on Wednesday, Judge Peter Davis noted there was a wide discretion in relation to costs.

“Given the tortuous path of litigation … I am not prepared to find that there is no reasonable prospect of the High Court disturbing the costs orders,” he wrote.

Judge Davis ordered the application to wind up the Oakey Coal Action Alliance be adjourned to a date to be fixed after the High Court determination.

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