Arnold v Minister Administering the Water Management Act 2000 (No 2) [2009] NSWLEC 55

Arnold v Minister Administering the Water Management Act 2000 (No 2) [2009] NSWLEC 55

There was no sound reason—apart from party consent and late, unparticularised claims—to vacate the hearing date. Hearing dates are not to be vacated lightly, and the statutory objects of case management would be undermined by last minute, insubstantial applications to vacate.

Parties
Applicant: Alan Arnold & Ors; First Respondent: Minister Administering the Water Management Act 2000; Second Respondent: The State of New South Wales; Third Respondent: The Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
07 April 2009
Procedural Posture
Application / Interlocutory, Oral Application to Vacate Hearing Date
Outcome
application to vacate hearing date refused
Legal Topics
Adjournment, Vacation of Hearing Date, Case Management
Practice and Procedure Adjournment Vacation of Hearing Date Case Management

Case Brief

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Parties

Alan Arnold & Ors

Applicant

Minister Administering the Water Management Act 2000

First Respondent

The State of New South Wales

Second Respondent

The Commonwealth of Australia

Third Respondent

Procedural Posture

Application / Interlocutory, Oral Application to Vacate Hearing Date

Legal Issues

  1. 1 Whether the hearing date of two notices of motion (contempt and costs) should be vacated following a last minute oral application by the applicants and third respondent

Ratio Decidendi

There was no sound reason—apart from party consent and late, unparticularised claims—to vacate the hearing date. Hearing dates are not to be vacated lightly, and the statutory objects of case management would be undermined by last minute, insubstantial applications to vacate.

Court Disposition

application to vacate hearing date refused

Orders

  • The application to vacate the hearing date is refused.