New South Wales Aboriginal Land Council – Jerrys Plains v Minister Administering the Crown Land Management Act [2022] NSWLEC 65

New South Wales Aboriginal Land Council – Jerrys Plains v Minister Administering the Crown Land Management Act [2022] NSWLEC 65

The hearing dates were vacated because additional police evidence appeared capable of bearing on the real issues in dispute, the Minister was not aware of the relevant witnesses until 13 May 2022 and had acted expeditiously thereafter, and it would be unreasonable to require the claimants to deal with the new material before the existing hearing date. The interests of justice required vacation, with prejudice to the claimants addressed by an order for costs thrown away and expedited directions.

Jurisdiction
Australia
Judgment Date
27 May 2022
Procedural Posture
Class 3 Proceedings; Procedural Ruling on Application to Vacate Hearing Dates / Notice of Motion Heard on 27 May 2022
Outcome
Application to vacate hearing dates granted.
Legal Topics
['application to Vacate Hearing Dates' 'filing of Additional Affidavit Evidence' 'costs Thrown Away' 'claimable Crown Land']
['practice and Procedure' 'land and Environment'] ['application to Vacate Hearing Dates' 'filing of Additional Affidavit Evidence' 'costs Thrown Away' 'claimable Crown Land']

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Procedural Posture

Class 3 Proceedings; Procedural Ruling on Application to Vacate Hearing Dates / Notice of Motion Heard on 27 May 2022

Legal Issues

  1. 1 ['Whether the hearing date should be vacated to allow the Minister to obtain and file additional evidence from police witnesses.' 'Whether the prejudice to the claimants from further delay could be addressed by directions and costs thrown away.']

Ratio Decidendi

The hearing dates were vacated because additional police evidence appeared capable of bearing on the real issues in dispute, the Minister was not aware of the relevant witnesses until 13 May 2022 and had acted expeditiously thereafter, and it would be unreasonable to require the claimants to deal with the new material before the existing hearing date. The interests of justice required vacation, with prejudice to the claimants addressed by an order for costs thrown away and expedited directions.

Court Disposition

Application to vacate hearing dates granted.

Orders

  • ['The hearing date of this matter, which was set down for a three-day hearing to commence on 27 June 2022, is vacated and the pre-trial mention on 20 June 2022 is vacated.' 'The Respondent is to file and serve the additional affidavit evidence by no later than 4pm on 10 June 2022.' "The Minister administering the...