Brenchley v Minister Administering the Water Management Act 2000 [2011] NSWLEC 192

Brenchley v Minister Administering the Water Management Act 2000 [2011] NSWLEC 192

On the evidence, there was a serious question to be tried concerning the applicant's claimed priority as earlier purchaser of the water access licence, and the balance of convenience favoured preserving the status quo for three days so the applicant could join Abata Pty Ltd and serve the respondents with his evidence. Given the undertaking as to damages, the caveat was extended and the second respondents were restrained from selling or disposing of the licence until 11 November 2011.

Jurisdiction
Australia
Judgment Date
08 November 2011
Procedural Posture
Class 2 / Urgent Interlocutory Notice of Motion Heard Ex Parte
Outcome
Caveat registered in the Water Access Licence Register extended until 11 November 2011; Second Respondents restrained until 11 November 2011 from selling or disposing of Water Access Licence 6595.
Legal Topics
['caveat Registered in the Water Access Licence Register' 'water Access Licence' 'interlocutory Injunction' 'extension of Caveat' 'balance of Convenience']
['water Law' 'civil Procedure'] ['caveat Registered in the Water Access Licence Register' 'water Access Licence' 'interlocutory Injunction' 'extension of Caveat' 'balance of Convenience']

Case Brief

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Procedural Posture

Class 2 / Urgent Interlocutory Notice of Motion Heard Ex Parte

Legal Issues

  1. 1 ["Whether the operation of the applicant's caveat registered in the Water Access Licence Register should be extended on an interlocutory basis." 'Whether the second respondents should be restrained from selling or disposing of Water Access Licence 6595 until the return date.' 'Whether Abata Pty Ltd should be joined as a respondent.']

Ratio Decidendi

On the evidence, there was a serious question to be tried concerning the applicant's claimed priority as earlier purchaser of the water access licence, and the balance of convenience favoured preserving the status quo for three days so the applicant could join Abata Pty Ltd and serve the respondents with his evidence. Given the undertaking as to damages, the caveat was extended and the second respondents were restrained from selling or disposing of the licence until 11 November 2011.

Court Disposition

Caveat registered in the Water Access Licence Register extended until 11 November 2011; Second Respondents restrained until 11 November 2011 from selling or disposing of Water Access Licence 6595.

Orders

  • ['The notice of motion filed in Court today be returnable instanter and heard ex parte.' 'Until 11 November 2011, order that the second respondents be restrained from the sale or disposal of Water Access Licence 6595.' 'Order that Caveat No AG255542K be extended until 11 November 2011.' 'Direct the applicant to...