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Newcastle Herald
Newcastle Herald
Jamieson Murphy

Nathan Tinkler locked in to mining court battle

Nathan Tinkler leaves a hearing in 2014. Picture by Ben Rushton

The one-time mining magnate, and former Newcastle Knights and Jets owner, Nathan Tinkler will step in the courtroom on Tuesday, as he attempts to stake a claim on millions of Whitehaven Coal shares.

The case will appear before NSW Supreme Court on Tuesday after it was first launched in 2019.

Mr Tinkler claims he missed out on a big pay day when Whitehaven Coal did not develop four coal projects that would have seen him and his family members eligible for the milestone, or restricted shares.

The disagreement stems from the $5.1-billion merger deal from 2012 between Tinkler's Aston Resources and Whitehaven, which included the acquisition of Boardwalk Resources.

As part of the deal, Whitehaven issued 120 million shares to Boardwalk shareholders.

However, according to Mr Tinkler's case, about 34 million of those shares were subject to restrictions that would only be lifted if mining leases and environmental approvals were secured for some or all four projects.

"Whitehaven has not done any work on them to advance them towards mining leases or to add value for all shareholders," Mr Tinkler told The Australian.

"I put money in to support the development of those assets. Unfortunately, Whitehaven chose to write down the value of those assets in record time [in 2012].

"And here we are, 12 years on, and these assets aren't even in Whitehaven's 20-year plan."

At today's share price, the shares being sought by Mr Tinkler would be worth more than $225 million.

A Whitehaven spokesperson said the company "strongly denies the allegations and will vigorously defend the proceedings".

"As the matter is before the court, it is not appropriate to provide any further comment," they said.

The company is expected to argue that although it agrees the shares would be released after "trigger events", there was no time limit in the agreement that specified when.

"(Whitehaven) says that the 'trigger events' in clause 3.2 of the restriction deed have not occurred and therefore no 'vesting' under clause 3.3 of the restriction deed has taken place," the company's defence paper says.

$28.5m to unlock 2000 homes

Thousands of homes on the Central Coast could be unlocked through strategic infrastructure investment, a new report states.

The Urban Development Institute of Australia (UDIA) said if the state government spent $28.5 million to upgrade to specific roads, it could deliver about 2000 new homes.

The state government has given the Central Coast a five-year Housing Accord target of 9400 new homes by 2029, which assumes 5900 dwellings will be delivered because they are already in the planning system.

Government investment for enabling infrastructure is needed for seven currently unfunded infrastructure projects across Chain Valley Bay East, Lake Munmorah, Warnervale and Kanwal.

UDIA called on the government to begin investing in infrastructure for the future pipeline and collaborating with landowners on their requirements.

"Developers are already making a contribution to critical infrastructure and we need to see government step up with funding so up to 2000 much needed homes can be delivered," UDIA NSW chief executive Stuart Ayres said.

"The election of a new council is the perfect time for a renewed sense of collaboration between the local government, state government and industry to ensure the Central Coast doesn't fall further behind in its housing requirements."

McFarlane flying high

Medowie local and head of Newcastle Airport security and operational resilience, Paul McFarlane, is flying high after his appointment as divisional chair of the Australian Airports Association (AAA) NSW/ACT. The organisation is the national voice representing the interests of more than 340 airports, and aerodromes Australia wide.

Mr McFarlane has almost 20 years experience in the aviation industry, but will have big shoes to fill, replacing the outgoing chair - prominent Australian businessman and Sydney Roosters chairman Nick Politis.

Mr McFarlane said he was truly proud to have been elected to this role as he grew up around airports and has been passionate about the industry from an early age.

"Airport life is in my blood," he said.

"Airports are the ultimate gateways to other destinations and now with Newcastle Airport getting international ready, it is becoming a true global gateway."

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