NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Hodgson & Ors v The Minister Administering the Water Management Act 2000 & Ors [2007] NSWLEC 193
FIRST APPLICANT Mark Wentworth Hodgson SECOND APPLICANT M W Hodgson Investments Pty Ltd THIRD APPLICANT Peter Grace PARTIES : FIRST RESPONDENT The Minister Administering the Water Management Act 2000 SECOND RESPONDENT Namoi Catchment Management Authority THIRD RESPONDENT Director General Department of Natural Resources
FILE NUMBER(S) : 41273 of 2006
CORAM: Jagot J
KEY ISSUES: Practice and Procedure :- subpoena - motion to set aside subpoenas - insufficient particularity - oppression - subpoenas set aside
LEGISLATION CITED: Water Management Act 2000 s 87AA
Bailey & Others v Beagle Management Pty Limited & Others (2001) 182 ALR 264; CASES CITED: National Employers' Mutual General Association Ltd v Waind and Hill [1978] 1 NSWLR 372; The Commissioner for Railways v Small (1938) 38 SR 564; Regina v Timothy Edward Anderson [1989] NSWCCA No 60439 of 1989 (Unreported, 12 October 1989)
DATES OF HEARING: 28 March 2007
EX TEMPORE JUDGMENT DATE : 28 March 2007
APPLICANTS ON NOTICE OF MOTION (The Minister and the Secretary of the Department of the Environment and Water Resources and the National Water Commission) Mr S Vorreiter (solicitor) SOLICITORS Australian Government Solicitor
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