NuCoal commencing civil legal action against disgraced former Labor minister Ian MacDonald over Doyles Creek mining licence NuCoal has instructed solicitors to commence action against disgraced MP Ian MacDonald. THE company behind a mining licence plunged into uncertainty following damning anti-corruption findings is suing disgraced former minister Ian Macdonald. In a letter to shareholders this morning, NuCoal chairman Gordon Galt has revealed that lawyers are being instructed by the board to begin a civil action against Mr Macdonald. The former resources minister was found by the Independent Commission against Corruption in August to have engaged in "misconduct in public office." But findings on the future of the licence, which the company received when it took over Doyles Creek Mining in 2010, are still to be made. Former union boss John Maitland, also found to have acted corruptly, was part of a small group of entrepreneurs who formed Doyles Creek Mining. The explosive corruption inquiry heard the group of men enjoyed a "goldmine" in profits which came at a financial cost to taxpayers. No charges have been laid as yet against either McDonald or Maitland. ICAC is due to make its findings about the future of the licence by year's end but ICAC Commissioner David Ipp has flagged it could be stripped from NuCoal or that the company could be forced to pay a penalty back to taxpayers. NuCoal has maintained it is an innocent victim of the corruption scandal and so far no corrupt findings have made by ICAC against the company. ICAC finds MacDonald corrupt for third time in two months Mr Galt told shareholders that preparations are on foot for damages in a civil case against Macdonald, found by ICAC to have granted the lucrative licence to Doyles Creek Mining to help Maitland, his "mate." "The ICAC report found circumstances that could establish that former Minister MacDonald had committed the common law crime of 'misconduct in public office' ... and recommended that the circumstances be referred to the DPP to determine whether criminal charges should be laid," he wrote. The elements of [the criminal offence] are materially similar to ... 'misfeasance in public office' [a civil offence] which, if proven, could be the basis for an entitlement to damages from the former Minister and the State of NSW. The NuCoal Board has therefore instructed its lawyers to commence preparation of the necessary documents required to initiate proceedings based on [this]. Mr Galt also revealed he has written to Premier Barry O'Farrell to advise separate legal action against resources minister Chris Hartcher if no decision is made on the Doyles Creek licence by January 31. "If this does not occur [Doyles Creek Mining] has indicated it will file proceedings in the Land and Environment Court of NSW seeking a mandatory order from the Court requiring that the Minister determine the outstanding applications," Mr Galt said. Mr MacDonald has been approached for comment on NuCoal's announcement but has so far not responded.