MACH Energy v Denman Aberdeen Muswellbrook Scone Healthy Environment Group
(Filed 2025, High Court of Australia, ongoing)
Johnson Legal Paralegal Natalie Jakacic, Principal Lawyer Anita O'Hart, Barrister Matthias Thompson, Wendy Wales and Tony Lonergan of DAMSHEG, and Knitting Nanna Cathy Gill, after the historic win in the NSW Court of Appeal.
Johnson Legal is defending the landmark decision of the NSW Court of Appeal in Denman Aberdeen Muswellbrook Scone Healthy Environment Group Inc v MACH Energy Australia Pty Ltd [2025] NSWCA 163, where the Court of Appeal overturned approval of the Mount Pleasant Coal Mine expansion on climate grounds. We are acting for local Hunter Valley community group, Denman Aberdeen Muswellbrook Scone Healthy Environment Group (DAMSHEG).
The NSW Court of Appeal found that due to the direct causal link between the mining of coal in the Upper Hunter and climate impacts experienced by local communities, consideration of local climate impacts is a mandatory relevant consideration when considering the impacts of the coalmine expansion in the locality.
MACH Energy filed an application for Special Leave to appeal the decision to the High Court of Australia. The application was granted on 4 December 2025.
Principal Lawyer Anita O’Hart of Johnson Legal is representing DAMSHEG in the High Court, defending the unanimous decision of the three-judge bench in the NSW Court of Appeal. Naomi Sharpe SC, Matthias Thompson and Stephanie Patterson of counsel are appearing for DAMSHEG in these proceedings.
The matter will be heard by the High Court of Australia in 2026.
