NA & J Investments Pty Ltd v Minister Administering the Water Management Act 2000; Arnold v Minister Administering the Water Management Act 2000 (No 2) [2011] NSWLEC 115

Land and Environment Court New South Wales

Medium Neutral Citation: NA & J Investments Pty Ltd v Minister Administering the Water Management Act 2000; Arnold v Minister Administering the Water Management Act 2000 (No 2) [2011] NSWLEC 115 Hearing dates: 17 June 2011 Decision date: 17 June 2011 Jurisdiction: Class 4 Before: Craig J Decision: In proceedings 41292 of 2006 (the claim by the Investment Applicants): 1. Strike out paragraphs 17E, 18E and 50 to 55 inclusive of the Applicants' Third Amended Points of Claim. 2. Direct that the applicants file and serve amended points of claim deleting those paragraphs ordered to be struck out by Order 1. 3. The applicants are to pay the respondents' costs of the amended notice of motion filed 12 July 2010, being costs also ordered to be paid by the applicants in proceedings 40049 of 2007. 4. Direct the applicants to notify the respondents of that lay evidence already filed upon which they intend to rely, such notification to be given by 12 August 2011. 5. Direct that the applicants notify to the respondents by 12 August 2011 the nature of any additional lay evidence upon which they intend to rely. 6. Direct that the applicants notify to the respondents the identity of experts intended to be retained and the scope of the expert evidence expected to be the subject of the reports of those experts, such notification to be given by 12 August 2011. 7. Stand over the proceedings to the list judge on Friday 19 August 2011. In proceedings 40049 of 2007 (the claim by the Arnold Applicants): 1. Strike out paragraphs 15E, 16E and 43 to 48 inclusive of the Applicants' Second Further Amended Points of Claim. 2. Direct that the applicants file and serve amended points of claim deleting those paragraphs ordered to be struck out by Order 1. 3. The applicants are to pay the respondents' costs of the amended notice of motion filed by the respondents on 12 July 2010, being costs also ordered to be paid by the applicants in proceedings 41292 of 2006. 4. Dismiss the applicants' notice of motion filed on 15 April 2011. 5. The applicants are to pay the respondents' costs of the notice of motion filed on 15 April 2011. 6. Direct that the applicants notify to the respondents the identity of experts intended to be retained and the scope of the expert evidence expected to be the subject of the reports of those experts, such notification to be given by 15 July 2011. 7. Direct that the applicants serve upon the respondents an outline of the evidence intended to be adduced by each lay witness, such outline to be served by 12 August 2011. 8. Stand over the proceedings for further directions to the list judge on Friday 19 August 2011. Catchwords: PROCEDURE - claim for judicial review of water sharing plan under the Water Management Act 2000 and for damages for negligent misrepresentation in the one proceeding - application for single judge to hear proceeding - s11A Land and Environment Court Act 1979 and s 37B Supreme Court Act 1970 - provisions not conferring jurisdiction - no significant factual nexus between proceedings within jurisdiction of the Land and Environment Court and common law claim - not appropriate to transfer proceedings to the Supreme Court pursuant to s 149B of Civil Procedure Act 2005