NA & J Investments Pty Ltd v Minister Administering the Water Management Act 2000; Arnold v Minister Administering the Water Management Act 2000 [2011] NSWLEC 51

NA & J Investments Pty Ltd v Minister Administering the Water Management Act 2000; Arnold v Minister Administering the Water Management Act 2000 [2011] NSWLEC 51

Neither the amendments to nor the making of the relevant water sharing plans required the Minister to consider the alleged representations; no reasonable cause of action for invalidity is disclosed and the Court lacks jurisdiction to entertain the claim for negligent misrepresentation as it is not ancillary to judicial review claims.

Jurisdiction
Australia
Judgment Date
01 April 2011
Procedural Posture
Principal Judgment / Interlocutory Motion—application to Strike Out Pleadings
Outcome
Motion to strike out paragraphs allowed in principle; proceedings stood over for further mention and possible applications for transfer or conferral of jurisdiction; no final order made until parties consider judgment.
Legal Topics
['strike Out Application' 'judicial Review' 'water Entitlement' 'negligent Misrepresentation' 'court Jurisdiction']
['administrative Law' 'environmental Law' 'civil Procedure'] ['strike Out Application' 'judicial Review' 'water Entitlement' 'negligent Misrepresentation' 'court Jurisdiction']

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Procedural Posture

Principal Judgment / Interlocutory Motion—application to Strike Out Pleadings

Legal Issues

  1. 1 ['Whether the Minister was legally obliged to consider representations made to applicants when making or amending water sharing plans' 'Whether the Land and Environment Court has jurisdiction to determine claims for negligent misrepresentation']

Ratio Decidendi

Neither the amendments to nor the making of the relevant water sharing plans required the Minister to consider the alleged representations; no reasonable cause of action for invalidity is disclosed and the Court lacks jurisdiction to entertain the claim for negligent misrepresentation as it is not ancillary to judicial review claims.

Court Disposition

Motion to strike out paragraphs allowed in principle; proceedings stood over for further mention and possible applications for transfer or conferral of jurisdiction; no final order made until parties consider judgment.

Orders

  • ['The motion is stood over to 9.30am on Thursday 21 April 2011 for mention before Craig J.' 'On or before 21 April 2011 parties to bring in Short Minutes of Order consistent with reasons for judgment.' 'Any application for transfer or conferral of power to hear damages claims must be returnable before Craig J at...