Since it now seems clear that RF&B will appeal every single court decision regardless, we might as well just accept it, and wait it out, acculumating along the way (as per Viney's suggestion). Bathurst have the funds to build the mine, which is more than most.
You never know, maybe RF&B are doing us a favour by delaying the mine until coal prices improve. And sentiment in that area is not all bad, see: