Hardie Holdings Pty Limited v The State of New South Wales [2016] NSWSC 58

Hardie Holdings Pty Limited v The State of New South Wales [2016] NSWSC 58

The Court held that the Crown Proceedings Act 1988 (NSW) was clear and made joinder of the Ministers unnecessary, so the joinder application was refused. Consolidation was also inappropriate because leaving both proceedings on foot preserved the advantage of avoiding limitation period consequences, while ordering a joint hearing and common evidence avoided significant disadvantage. Leave to amend and removal of the specified plaintiffs were ordered, and costs were allocated to reflect that the Plaintiffs failed on most contested aspects but the Defendants had been unnecessarily slow.

Jurisdiction
Australia
Judgment Date
26 February 2016
Procedural Posture
Civil Proceedings for Damages Arising From Alleged Breach or Failure of an Environmental Land Offset Scheme / Procedural Ruling on Amended Notice of Motion for Joinder, Removal of Plaintiffs, Amendment, Consolidation or Joint Hearing, and Costs
Outcome
Prayers 1 and 4 of the Plaintiffs' Amended Notice of Motion dated 9 February 2016 were refused; specified plaintiffs were removed; leave to amend was granted; the two proceedings were ordered to be heard together with evidence in one being evidence in the other; costs orders were made against the Plaintiffs.
Legal Topics
['joinder of Defendants' 'consolidation of Proceedings' 'joint Hearing' 'amendment of Pleadings' 'costs' 'crown Includes Ministers']
['practice and Procedure' 'crown Proceedings'] ['joinder of Defendants' 'consolidation of Proceedings' 'joint Hearing' 'amendment of Pleadings' 'costs' 'crown Includes Ministers']

Case Brief

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Procedural Posture

Civil Proceedings for Damages Arising From Alleged Breach or Failure of an Environmental Land Offset Scheme / Procedural Ruling on Amended Notice of Motion for Joinder, Removal of Plaintiffs, Amendment, Consolidation or Joint Hearing, and Costs

Legal Issues

  1. 1 ['Whether the Minister for Planning and the Minister for the Environment should be joined as defendants in proceedings 2011/67050.' 'Whether specified plaintiffs should be removed from proceedings 2011/67050.' 'Whether the plaintiffs should have leave to further amend the statement of claim in proceedings 2011/67050.' 'Whether proceedings 2011/67050 and 2015/252895 should be consolidated or instead heard together with evidence in one being evidence in the other.' 'What costs orders should be made on the amended notice of motion and amendments.']

Ratio Decidendi

The Court held that the Crown Proceedings Act 1988 (NSW) was clear and made joinder of the Ministers unnecessary, so the joinder application was refused. Consolidation was also inappropriate because leaving both proceedings on foot preserved the advantage of avoiding limitation period consequences, while ordering a joint hearing and common evidence avoided significant disadvantage. Leave to amend and removal of the specified plaintiffs were ordered, and costs were allocated to reflect that the Plaintiffs failed on most contested aspects but the Defendants had been unnecessarily slow.

Court Disposition

Prayers 1 and 4 of the Plaintiffs' Amended Notice of Motion dated 9 February 2016 were refused; specified plaintiffs were removed; leave to amend was granted; the two proceedings were ordered to be heard together with evidence in one being evidence in the other; costs orders were made against the Plaintiffs.

Orders

  • ["Refuse prayers 1 and 4 in the Plaintiffs' Amended Notice of Motion dated 9 February 2016." 'Order that the Seventh Plaintiff, Hardie Sanctuary Pty Limited; the Eighth Plaintiff, Biodiversity Land Pty Limited (formerly Eco Trades Pty Limited); the Ninth Plaintiff, Dalbell Pty Limited; and the Tenth Plaintiff, Nersu...