NuCoal continues legal battle against NSW as ex-Premier apologises
PERTH (miningweekly.com) – ASX-listed NuCoal is continuing its legal battle against the New South Wales government’s cancellation of exploration licences over the Doyles Creek project area, and has received an apology from former Premier Barry O’Farrell.
O’Farrell’s apology came in response to a defamation action served on him by NuCoal directors, after the former Premier made comments at a community Cabinet forum, in February 2014, soon after the state Parliament passed a law, which stripped NuCoal of its Doyles Creek licence without compensation.
At the forum, O’Farrell had said that the “directors of NuCoal have been doing a fantastic job in trying to distract shareholders from the responsibility of directors …”.
He also said that the Independent Commission Against Corruption (ICAC), which was responsible for identifying alleged corruption in the award of the Doyles Creek licence to the project’s previous owners, had made adverse comments about the NuCoal directors.
NuCoal acquired the Doyles Creek tenement in 2010 from former owner Doyles Creek Mining.
In his apology, the former Premier said that he accepted that his remarks might have suggested that the current directors of NuCoal had been the subject of his comments. He also accepted that ICAC’s comments did not relate to the current directors of NuCoal.
O’Farrell agreed to pay the costs incurred by the directors during their pursuit of the defamation charges.
Meanwhile, NuCoal told shareholders on Tuesday that it was continuing with its High Court challenge against the state government’s ability to pass the law that banned mining at Doyles Creek, and was seeking to overturn key ICAC findings and recommendations regarding the exploration licence and NuCoal itself.
The company was also pursuing a compensation action under a Free Trade Agreement between Australia and the US, as about 30% of the company’s shares are held by US individuals and entities.
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