Inland Rivers Network Incorporated v Harris [2019] NSWLEC 74

Inland Rivers Network Incorporated v Harris [2019] NSWLEC 74

Although no error of law or material change in circumstances was identified, the significant and complex nature of the Class 4 proceedings, the substantial overlap with the related Class 5 proceedings, the risk that five hearing days would be insufficient, the desirability and cost implications of the Respondents retaining the same senior counsel, the limited demonstrated prejudice to the Applicant, and the relatively short further delay meant that, on balance, it was in the interests of justice to vacate the November 2019 hearing dates and list the matter for a 10 day final hearing in March 2020.

Jurisdiction
Australia
Judgment Date
04 June 2019
Procedural Posture
Class 4 Proceedings / Respondents' Notice of Motion Dated 13 May 2019 Seeking to Vacate Hearing Dates; Review of Registrar's Decision Fixing Hearing Dates
Outcome
The Respondents' notice of motion was granted in substance; the 2 May 2019 hearing date order was vacated and the proceeding was listed for a 10 day final hearing on 9 March 2020, with each party to pay its own costs of the notice of motion.
Legal Topics
["review of Registrar's Decision Fixing Hearing Dates" 'adjournment or Vacation of Hearing Dates' 'water Access Licences' 'case Management']
['practice and Procedure' 'environmental Law' 'water Law'] ["review of Registrar's Decision Fixing Hearing Dates" 'adjournment or Vacation of Hearing Dates' 'water Access Licences' 'case Management']

Case Brief

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Procedural Posture

Class 4 Proceedings / Respondents' Notice of Motion Dated 13 May 2019 Seeking to Vacate Hearing Dates; Review of Registrar's Decision Fixing Hearing Dates

Legal Issues

  1. 1 ['Whether the order of 2 May 2019 fixing the Class 4 proceeding for a five day hearing commencing 11 November 2019 should be vacated or varied.' 'Whether it was in the interests of justice to set the matter down for 10 days in March 2020 having regard to overlap with related Class 5 proceedings, counsel and expert availability, hearing length, delay and prejudice.']

Ratio Decidendi

Although no error of law or material change in circumstances was identified, the significant and complex nature of the Class 4 proceedings, the substantial overlap with the related Class 5 proceedings, the risk that five hearing days would be insufficient, the desirability and cost implications of the Respondents retaining the same senior counsel, the limited demonstrated prejudice to the Applicant, and the relatively short further delay meant that, on balance, it was in the interests of justice to vacate the November 2019 hearing dates and list the matter for a 10 day final hearing in March 2020.

Court Disposition

The Respondents' notice of motion was granted in substance; the 2 May 2019 hearing date order was vacated and the proceeding was listed for a 10 day final hearing on 9 March 2020, with each party to pay its own costs of the notice of motion.

Orders

  • ['The order of 2 May 2019 fixing this proceeding for hearing for five days from 11 November 2019 be vacated.' 'The proceeding be listed for final hearing on 9 March 2020 for 10 days.' 'The parties are to restore this matter to the list within 21 days of judgment in the related Class 5 proceedings (2018/73936 and...