The case - initiated by Xstrata - was sparked when Felix Resources announced plans to develop their Moolarben site, adjacent to Xstrata's Ulan operations.
Xstrata is arguing Felix Resources intends on mining a patch of the Ulan complex that they say fulfills part of Xstrata's environmental conditions imposed on its mine.
However, Felix Resources hopes to mine the area, which it said hosts a reserve of about 40 million tonnes.
The final decision will be handed down in the week beginning September 24.
It is the final hurdle for Felix Resources in its approval process for the mine, that was given support for the NSW Department of Planning earlier this month.
