Martin v Buchan [2019] NSWSC 135
The declaration as to the term transfer of the water licence must be confined to the previous trial judge's specific finding that the plaintiff is an 'occupier' as defined in s 5 of the Water Act 1912 (NSW), and this meaning is to govern the present declaration by consent.
- Jurisdiction
- Australia
- Judgment Date
- 19 February 2019
- Procedural Posture
- Equity Proceeding / Orders by Consent After Settlement
- Outcome
- Orders and declaration made by consent, including payment in settlement.
- Legal Topics
- ['declarations by Consent' 'water Licence Term Transfer' "meaning of 'occupier' Under Water Act 1912 (nsw)"]
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Equity Proceeding / Orders by Consent After Settlement
Legal Issues
- 1 ['Proper construction of a declaration regarding a term transfer of a water licence' "Whether the consent declaration should be confined to trial judge's prior finding on occupation"]
Ratio Decidendi
The declaration as to the term transfer of the water licence must be confined to the previous trial judge's specific finding that the plaintiff is an 'occupier' as defined in s 5 of the Water Act 1912 (NSW), and this meaning is to govern the present declaration by consent.
Court Disposition
Orders and declaration made by consent, including payment in settlement.
Orders
- ["The plaintiff holds the term transfer of Water Entitlements Water Access Licence (WAL XXXX) pursuant to s 71N of the Water Management Act until he ceases to be an 'occupier' as defined in s 5 of the Water Act 1912 (NSW)." 'The defendant is restrained from dealing with WAL XXXX while the plaintiff holds the term...
Full Case Text
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