Mueller v Austin [2010] NSWLEC 137

Land and Environment Court of New South Wales

CITATION : Mueller v Austin [2010] NSWLEC 137

FIRST APPLICANT: Heide Mueller

SECOND APPLICANT: Grete Maria Hauss Van Aken PARTIES : FIRST RESPONDENT: John Austin

SECOND RESPONDENT: Elizabeth Jean Austin

FILE NUMBER(S) : 20505 of 2010

CORAM: Biscoe J

KEY ISSUES: WATER :- caveats - extension of operation of a caveat registered in the Access Register under the Water Management Act 2000.

LEGISLATION CITED: Water Management Act 2000

DATES OF HEARING: 2 July 2010

EX TEMPORE JUDGMENT DATE : 2 July 2010

APPLICANTS: Mr B O'Donnell (barrister) SOLICITORS: Kell Moore Lawyers LEGAL REPRESENTATIVES: RESPONDENTS: Mr A Rowe SOLICITORS: Mackenzie & Vardanega

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BISCOE J

2 July 2010

20505 of 2010

HEIDE MUELLER & ANOR v JOHN AUSTIN & ANOR

EX TEMPORE JUDGMENT 1 HIS HONOUR: This appears to be the first case in which the Court has been asked to exercise its jurisdiction to extend the operation of a caveat registered in the Water Access Licence Register under the Water Management Act 2000. 2 Before me is a notice of motion by the applicants for an interlocutory order that their caveat under the Act be extended until the Court determines their principal application. The respondents consent to that order. 3 The Minister for Water may grant an application for a water access licence: s 63. The Minister is to keep a Water Access Licence Register (Access Register): s 71. The matters relating to an access licence or a holding in an access licence which must be recorded in the Access Register include any caveat lodged in relation to the licence or holding: s 71A. Schedule 1A relevantly provides: "…