NSW Caselaw
New South Wales Supreme Court
CITATION : Huggins v State of New South Wales; NA & J Investments Pty Ltd v State of New South Wales; Commins Partnerships Pty Ltd v State of New South Wales [2009] NSWSC 1420
HEARING DATE(S) : 8 December 2009
JUDGMENT DATE : 17 December 2009
JURISDICTION : Common Law
JUDGMENT OF : Harrison AsJ
DECISION : (1) I order that proceedings in the Supreme Court of New South Wales of Stephen Leslie Huggins & Anor v State of New South Wales, number 30055/2009; NA & J Investments Pty Ltd v State of New South Wales, number 30058/2009; and Commins Partnership Pty Ltd v State of New South Wales, number 30061/2009 be stayed pending the finalisation of proceedings of Hutchins Pastoral Co Pty Limited v the Minister of Ministering the Water Management Act 2000 and the State of New South Wales commenced in the Land and Environment Court of New South Wales number 41292/2006 or until further order of the Court. (2) Costs are reserved.
CATCHWORDS : PROCEDURE - judgments and orders – stay of proceedings – hearing of motion to stay proceedings pending finalisation of similar proceedings in the Land and Environment Court of New South Wales- order that proceedings stayed pending finalisation of Land and Environment Court proceedings
Civil Procedure Act 2005 LEGISLATION CITED : Water Act 1912 Water Management Act 2000
CATEGORY : Procedural and other rulings
Hutchins Pastoral Co Pty Limited v The Minister Administering the Water Management Act 2000 and the State of New South Wales L & W Developments Pty Ltd v Della [2003] NSWCA 140 Majik Markets Pty Ltd v S & M Motor Repairs Pty Ltd (No 3), (New South Wales Supreme Court, Young J, 13 October 1987, unreported) Premier Sports Australia Pty Ltd v Dodds [2001] NSWSC 707 (Palmer J) CASES CITED : Rexam Australia Pty Ltd v Optimum Metallising Pty Ltd [2002] NSWSC 916 RSL Com v Mobile Tron [2001] NSWSC 819 Sterling Pharmaceuticals Pty Ltd v Boots Co (Australia) (1992) 34 FCR 287 The Environmental Group Ltd v Croudace (New South Wales Supreme Court, Santow J, 7 August 1998, unreported) Williams v Hunt [1905] 1 KB 512
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