A group of coal miners are appealing a Queensland Supreme Court ruling that found Aurizon was within its rights to charge extra fees for upgraded rail links to a Queensland port.
The court ruled last month that six miners had engaged in a “superficially bizarre game of musical chairs” to avoid paying additional fees to the rail freight company after it spent $831 million upgrading facilities at the Wiggins Island Coal Terminal at Gladstone in 2015.
Justice David Jackson had ruled on June 27 that the miners “breached an implied term of the contracts to act in good faith and deal fairly” with Brisbane-based Aurizon.
Aurizon informed the ASX on Friday that the group of miners – including Glencore, Caledon, Tarrabee, Wesfarmers Curragh, Washpool and Colton – had kicked the matter to the Court of Appeal.
“Aurizon is considering the appeal and will respond in accordance with the Court of Appeal mandated timeframes,” the company said in a release.
Aurizon said no provision had been made, or revenue accrued, for the fees since the completion of the Wiggins Island Rail Project four years ago.
“This appeal, whether successful or not, will not impact Aurizon Network’s regulated return for the project,” the company said.