A hearing over a long running dispute between a Hunter Valley farmer and a coal company planning an expansionbegan in Sydney in October.
The Land and Environment Court previously ruled Yancoal's Ashton South East open cut coal mine can only go ahead if Wendy Bowman agrees to sell her property.
82 year old Ms Bowman does not want to sell.
Yancoal will argue in court that the previous judge did not have the power to impose the condition on the project.
Ms Bowman said she is too concerned about the local environment to consider selling up.
In an interview aired on Channel 10 on the 10th November she said, "If something goes wrong with this permeability barrier that they want to put in between the pit and the creek, what do the people downstream of me do if they can't use that water?"
Ms Bowman has been fighting against the mine expansion for years.
She argues her tiny community of Camberwell has already been decimated and need to be protected.
"It's virtually starting a new mine, for a little seven year mine," she said.
"And why? With Yancoal, their five mines are all working at a loss."