Compensation Claim Matter, page-44

Reminder for those who are unaware - here is the court decision from 24 September 2015.
This decision appears on the NuCoal Resources website.

Judicial Review Judgement
The Judicial Review Judgment was handed down by Justice Stephen Rothman on 24 September 2015.

On the legal aspects of NuCoal’s case, the Court could only review and comment on whether the Commission acted in accordance with its statutory and common law duties. The Court found that it did.

The Court, however, made clear statements about ICAC’s view as to NuCoal’s innocence, confirming that ICAC clearly acknowledged the following:

“the difference in interest between the plaintiff, on the one hand, and on the other, those that were once its directors and against whom there were serious allegations of corruption…. the Commission also took the view that the plaintiff, as an entity, was involved in no wrongdoing and none of the Commission’s findings were based on any suggestion of the plaintiff being involved in wrongdoing.” [57]

“The plaintiff’s submission was that its conduct was wholly innocent. The Commission accepted that view.” [62]

“Ultimately the Commission came to the view that the plaintiff, as an entity, was not involved in any wrongdoing.” [65]The above clearly demonstrates to NuCoal that despite ICAC forming a view that NuCoal was an innocent party and that innocent parties could be compensated, Parliament determined that NuCoal’s exploration licence should be cancelled with no compensation. The Court noted that “Parliament, not the Commission, has determined that if NuCoal be innocent, it ought not to be compensated.” [88]

In my personal opinion it is now time for the government to act urgently in relation to compensation to both NuCoal Resources and its shareholders.