Arnold v Minister Administering the Water Management Act 2000 (No 3) [2009] NSWLEC 56

Reported Decision : 165 LGERA 329

Land and Environment Court of New South Wales

CITATION : Arnold v Minister Administering the Water Management Act 2000 (No 3) [2009] NSWLEC 56 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANTS: Alan Arnold & Ors

FIRST RESPONDENT: Minister Administering the Water Management Act 2000 PARTIES : SECOND RESPONDENT: The State of New South Wales

THIRD RESPONDENT: The Commonwealth of Australia

FILE NUMBER(S) : 40049 of 2007

CORAM: Biscoe J

KEY ISSUES: CONTEMPT :- whether Commonwealth of Australia immune from contempt proceedings - distinction between civil and criminal contempt - alleged contempt by threatening not to make an ex gratia payment to persons if the persons continued legal proceedings against Commonwealth - whether the person alleged to have made the threat was an authorised agent or delegate of the Commonwealth - whether letter written by solicitor for the Commonwealth proved contempt by the Commonwealth.

Civil Procedure Act 2005, ss 130, 131, 133 Crown Proceedings Act 1980 (Qld), ss 7, 9, 10 Judiciary Act 1903 (Cth), ss 2, 56, 64 and 79 Land and Environment Court Rules 2007, r 4.5 National Resources Management (Financial Assistance) Act 2004 (Cth) LEGISLATION CITED: National Water Commission Act 1992 (Cth) Supreme Court Act 1970, s 101 Supreme Court Rules 1970, Pt 42, 55 Uniform Civil Procedure Rules 2005, Pt 40 Division 2 Water Act 1912, Pt 5 Water Management Act 2000, Pt 2 of Ch 3 Water Sharing Plan for the Lower Murray Groundwater Source 2006