Redfern v Water Administration Ministerial Corporation of New South Wales and Department of Infrastructure, Planning and Natural Resources [2007] NSWLEC 426

Land and Environment Court of New South Wales

CITATION : Redfern v Water Administration Ministerial Corporation of New South Wales and Department of Infrastructure, Planning and Natural Resources [2007] NSWLEC 426

APPLICANT Peter William Redfern

FIRST RESPONDENT PARTIES : Water Administration Ministerial Corporation of New South Wales

SECOND RESPONDENT Department of Infrastructure, Planning and Natural Resources

SYNDICATE HOLDERS

FILE NUMBER(S) : 31047 of 2005

CORAM: Preston CJ

KEY ISSUES: Costs :- discontinuance of proceedings - applicant achieved desired result outside proceedings - whether respondents should pay applicant's costs

Land and Environment Court Act 1979 s 69 LEGISLATION CITED: Land and Environment Court Rules pt 16 r 4 Water Act 1912 s 10, s 11, s 13A, s 97 Water Management Act 2000 s 90

AMP Henderson Global Investors v Valuer General (2004) 134 LGERA 426; CASES CITED: Maurici v Chief Commissioner of State Revenue (No 8) [2007] NSWLEC 37 (31 January 2007); Minister for Immigration and Ethnic Affairs; ex parte Lai Qin (1997) 186 CLR 622

DATES OF HEARING: 2 July 2007, 3 July 2007

EX TEMPORE JUDGMENT DATE : 3 July 2007

APPLICANT Mr R Lancaster (barrister) SOLICITORS The Law Company

FIRST and SECOND RESPONDENT LEGAL REPRESENTATIVES: Mr P Larkin with him Mr C Norton (barrister) SOLICITORS Department of Natural Resources