NSW Caselaw
New South Wales Supreme Court
CITATION : Hutchins Pastoral Co Pty Ltd and Ors v Minister for Water and Energy (NSW) and Anor [2010] NSWSC 1102
HEARING DATE(S) : 3 May 2010
JUDGMENT DATE : 28 September 2010
JURISDICTION : Common Law
JUDGMENT OF : McCallum J
DECISION : (1) The proceedings be stayed until the plaintiffs in proceedings in this Court no. 30088 of 2007 have served a proposed amended statement of claim in accordance with their present instructions as referred to at paragraph 21 of this judgment. (2) The defendants' amended notice of motion filed 3 May 2010 otherwise be dismissed.
CATCHWORDS : Practice and procedure - stay of proceedings where claim based on legislation the validity of which is challenged in other proceedings - where plaintiffs no longer party to those proceedings
Civil Procedure Act 2005 LEGISLATION CITED : Water Act 1912 Water Management Act 2000
CATEGORY : Principal judgment
Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148 CASES CITED : CGU Insurance Ltd v Watson [2007] NSWCA 301 Greinert v Jarrett [2004] NSWSC 209 Spencer v Minister for Climate Change and the Environment [2010] NSWCA 75
Hutchins Pastoral Co Pty Ltd (1st Plaintiff) Danwillach Pty Ltd (2nd Plaintiff) PARTIES : Delta Creek Pty Ltd (3rd Plaintiff) Minister for Water and Energy (NSW) (1st Defendant) State of New South Wales (2nd Defendant)
FILE NUMBER(S) : SC 2009/298126
COUNSEL : B. O'Donnell (Plaintiffs) C. Spruce (Defendants)
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