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In connection with

Select Civil (Kiama) Pty Ltd v Kearney [2012] NSWCA 320. Macfarlan JA.

 Later [14], “My view as to the abandonment of the mine and the rehabilitation work occurring ‘in connection with mining’ are supported by the decisions at first instance and on appeal in Cudgen RZ Ltd v Valuer-General (1974) 1 NSW LR 81 and (1974) 2 NSWLR 75”, where Else-Mitchell J found mine rehabilitation ‘an inseparable and essential incident of the conduct of mining activities’.

  Then, “Views to like effect were expressed by this Court in affirming Else-Mitchell J’s decision on appeal. The relevance to the present case is emphasized by the use in the relevant definition of the words ‘in connection with’. These are words of wide import and ‘include matters occurring prior to as well as subsequent to or consequent upon so long as they are related to the principal thing’: Re Nanaimo Community Hotel Ltd [1944] 4 DLR 638 per McFarlane J at 639, quoted in Re his Honour Warden Calder SM; ex p Lee [2007] WASCA 161 at [37].

SMH obituary: Rae Else-Mitchell, 1914-2006: Judge with a passion for history >>

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