Upper Namoi Water Users Association Inc & Ors v Minister for Natural Resources [2003] NSWLEC 175

Upper Namoi Water Users Association Inc & Ors v Minister for Natural Resources [2003] NSWLEC 175

Given that the separate legal questions would not resolve all pleaded issues and significant factual disputes remain about procedural fairness and legitimate expectation, it is inappropriate and not useful to order their separate determination; the motion for separate determination is dismissed with costs.

Jurisdiction
Australia
Judgment Date
24 July 2003
Procedural Posture
Class 4 Application for Declaration of Invalidity / Interlocutory Motion for Separate Determination of Questions of Law
Outcome
Motion for separate determination dismissed with costs.
Legal Topics
['procedural Fairness' 'legitimate Expectation' 'separate Determination of Questions' 'delegated Legislation']
['administrative Law' 'water Law' 'civil Procedure'] ['procedural Fairness' 'legitimate Expectation' 'separate Determination of Questions' 'delegated Legislation']

Case Brief

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Procedural Posture

Class 4 Application for Declaration of Invalidity / Interlocutory Motion for Separate Determination of Questions of Law

Legal Issues

  1. 1 ["Whether Minister's power to make water management plans under ss41 and 50 of the Water Management Act 2000 is subject to common law procedural fairness" 'Whether determination of separate legal questions will resolve all or part of the dispute']

Ratio Decidendi

Given that the separate legal questions would not resolve all pleaded issues and significant factual disputes remain about procedural fairness and legitimate expectation, it is inappropriate and not useful to order their separate determination; the motion for separate determination is dismissed with costs.

Court Disposition

Motion for separate determination dismissed with costs.

Orders

  • ['Notice of Motion for separate decision is dismissed with costs.']