Herewith are the final lines of the Appeal Court judgement:
"As a result, the orders should be those proposed by Acland, namely:
1. The appeal is dismissed.
2. The cross-appeal is allowed.
3. Declare that in making the recommendations in New Acland Coal Pty Ltd v
Ashman & Ors and the Chief Executive, Department of Environment and
Heritage Protection (No. 4), the third respondent failed to observe the
requirements of procedural fairness.
4. The appellant shall pay the first respondent’s costs of:
(a) the appeal and the cross-appeal;
(b) the proceedings before Bowskill J"
I think NHC would be very pleased .
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