New South Wales Court of Appeal CITATION: Nature Conservation Council of New South Wales Inc v The Minister Administering the Water Management Act 2000 (No 2) [2005] NSWCA 44 JUDGMENT DATE: 7 March 2005 JUDGMENT OF: Spigelman CJ; Beazley JA; Tobias JA DECISION: Order that the appeal be dismissed and that there be no order as to costs Nature Conservation Council of NSW Inc PARTIES: The Minister Administering the Water Management Act 2000 FILE NUMBER(S): CA 40112/04 Environmental Defenders Office (Appellant) SOLICITORS: Crown Solicitors Office (Respondent) LOWER COURT JURISDICTION: Land & Environment Court LOWER COURT FILE NUMBER(S): 40573/03 LOWER COURT JUDICIAL OFFICER: Talbot J - 1 - IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40112/04 SPIGELMAN CJ BEAZLEY JA TOBIAS JA Monday 7 March 2005 NATURE CONSERVATION COUNCIL OF NEW SOUTH WALES INC v THE MINISTER ADMINISTERING THE WATER MANAGEMENT ACT 2000 (No 2) Judgment 1 THE COURT: The Court delivered judgment in this matter on 9 February 2005. The Court ordered that the Appellant pay the Respondent's costs. 2 The Appellant has approached the Court by Notice of Motion seeking a variation of this order pursuant to the slip rule on the basis that the Respondent did not seek costs and accepted that there should be no order in the Respondent's favour if the appeal failed. The Respondent accepts that that was so. 3 The Court accepts that the order made on 9 February did arise from an oversight of the submissions in this regard and accepts that the case for variation of the order has been made out. Accordingly, the order set out in par [96] of the judgment of the Court and made in the Court on 9 February 2005 should be amended to read: "Order that the appeal be dismissed and that there be no order as to costs." ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.