NSW Caselaw
Reported Decision : 139 LGERA 198
New South Wales Court of Appeal
CITATION: Water Administration Ministerial Corporation v Jones [2005] NSWCA 181
HEARING DATE(S): 19 May 2005
JUDGMENT DATE: 9 June 2005
JUDGMENT OF: Giles JA at 1; Hodgson JA at 48; McClellan AJA at 51
DECISION: (1) Appeal allowed in part; (2) Set aside the declaration in para 2 and the order in para 4 of the minute of order; (3) Respondent pay the appellant's costs of the appeal and have a certificate under the Suitors Fund Act if otherwise qualified.
CATCHWORDS: Applications for licences to sink bores - statutory procedure for dealing with applications - opinion whether or not to advertise - whether opinion not to advertise could be changed - whether opinion not to advertise meant obliged to issue licences - construction of Water Act 1912 - forming opinion not the exercise of a power which, once exercised, was spent - could later form opinion to advertise - not obliged to issue licences. D
Minister for Immigration and Ethnic Affairs v Kurtovic (1990) 21 FCR 193; CASES CITED: Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597.
Water Administration Ministerial Corporation - Appellant PARTIES: Donald Jones - Respondent
FILE NUMBER(S): CA 41066/04
B Green - Appellant COUNSEL: N Perram - Respondent
Legal Service Branch, Department of Infrastructure, Planning and Natural Resources - Appellant SOLICITORS: Jackson Smith - Respondent
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): 30041/02
LOWER COURT JUDICIAL OFFICER: Levine J
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 41066/04 SC 30041/02
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