Hutchins Pastoral Co Pty Limited v Minister Administering the Water Management Act 2000 [2008] NSWLEC 236

Hutchins Pastoral Co Pty Limited v Minister Administering the Water Management Act 2000 [2008] NSWLEC 236

The hearing dates should be vacated because the very good prospect that expedited appeals in Harvey and Tubbo, if allowed, would substantially confine and shorten the proceedings outweighed the respondents' concerns about delay and continued uncertainty, notwithstanding procedural non-compliance by both sides.

Jurisdiction
Australia
Judgment Date
25 July 2008
Procedural Posture
Notice of Motion to Vacate Hearing Dates in Proceedings Challenging Validity of Amendments to a Water Sharing Plan / Before Scheduled Three Week Hearing
Outcome
Applicants' notice of motion granted; hearing dates vacated.
Legal Topics
['vacation of Hearing Dates' 'case Management' 'pending Appeals in Test Cases' 'validity of Water Sharing Plan Amendments' 'procedural Fairness' 'evidence Directions']
['practice and Procedure' 'water Law' 'administrative Law'] ['vacation of Hearing Dates' 'case Management' 'pending Appeals in Test Cases' 'validity of Water Sharing Plan Amendments' 'procedural Fairness' 'evidence Directions']

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Procedural Posture

Notice of Motion to Vacate Hearing Dates in Proceedings Challenging Validity of Amendments to a Water Sharing Plan / Before Scheduled Three Week Hearing

Legal Issues

  1. 1 ['Whether the hearing dates should be vacated pending the hearing of appeals in Harvey and Tubbo.' 'Whether non-compliance by both sides with directions for filing and service of evidence justified vacating the hearing dates.']

Ratio Decidendi

The hearing dates should be vacated because the very good prospect that expedited appeals in Harvey and Tubbo, if allowed, would substantially confine and shorten the proceedings outweighed the respondents' concerns about delay and continued uncertainty, notwithstanding procedural non-compliance by both sides.

Court Disposition

Applicants' notice of motion granted; hearing dates vacated.

Orders

  • ['The hearing dates are vacated.' "The costs of the applicants' notice of motion for vacation of the hearing dates are reserved." "The respondents' notices of motion which were returnable today will be stood over for hearing on 4 August 2008." 'Any other notices of motion are to be filed and served by 1pm on Monday...