High Court, page-29

It's not that Oakey don't have a case, it's simply that their case is not about the merits of the mine extension. The merits of the mine extension have been dealt with on appeal in QLD and the mine extension was recommended for approval. This is the reality that the QLD Court of Appeal grappled with - the point of returning it to the Land Court for rehearing when all the substantive issues have now been resolved in favour of New Acland. The High Court may well join with that attitude for common-sense reasons alone but even if the High Court doesn't, a Land Court re-hearing will almost certainly result in another recommendation for approval