NA & J Investments Pty Ltd v Minister Administering the Water Management Act 2000; Arnold v Minister Administering the Water Management Act 2000 (No 3) [2011] NSWLEC 171

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 3) [2011] NSWLEC 171 Hearing dates: 21 September 2011, 23 September 2011 Decision date: 23 September 2011 Jurisdiction: Class 4 Before: Craig J Decision: Stand the matter over to Friday 14 October 2011 at 9.00am for the purpose of considering short minutes of order to be brought in by the parties consistent with the directions that I have foreshadowed in this judgment. Catchwords: PROCEDURE - judicial review proceedings - case management in preparation for hearing - whether Class 4 proceedings to be determined together with Class 3 proceedings - decision to determine each jurisdiction separately with the consequence that the Class 3 application will be heard at a later date

EVIDENCE - whether evidence in judicial review proceedings to be given orally - usual practice of the court to require evidence in Class 4 in affidavit form - taking proper account of dictates of justice - no reason to depart from usual practice - applicants in both matters numbering in excess of 100 and 40 respectively - all intended to be called - evidence to be in affidavit form Legislation Cited: Civil Procedure Act 2005

Constitution Act 1902

Evidence Act 1995

Lands Acquisition (Just Terms Compensation) Act 1991

Land and Environment Court Act 1979

Water Management Act 2000 Category: Interlocutory applications Parties: NA & J Investments Pty Ltd (Applicant)