Peregrine Mineral Sands Pty Ltd v Wentworth Shire Council [2012] NSWLEC 237

Land and Environment Court New South Wales

Medium Neutral Citation: Peregrine Mineral Sands Pty Ltd v Wentworth Shire Council [2012] NSWLEC 237 Hearing dates: 19 October 2012 Decision date: 19 October 2012 Jurisdiction: Class 3 Before: Sheahan J Decision: 1. Pursuant to s 149B of the Civil Procedure Act 2005, matter no 30881 of 2012 in this court is ordered to be transferred to the Supreme Court of New South Wales for disposition in conjunction with matter number 2012/299456 currently before the Equity Division of that court. 2. Each party is to pay its own costs of the applicants' Notice of Motion filed 11 October 2012 and heard today. 3. Directions 2 and 3, made by Biscoe J on 28 September 2012, and the listing of the matter on 2 November 2012, are vacated. 4. Exhibit A1 is returned to the applicants. 5. The copies of Ms Keady's affidavit of 18 October 2012, and of its annexures, are to be returned, and the respondent is directed to file in this court the original of that affidavit, and to ensure that its Statement of Facts and Contentions dated 15 October 2012 is filed and associated with this court's file, before the transfer is effected. 6. This court's file is remitted to the Registrar to effect the transfer of the matter to the Supreme Court. Catchwords: PRACTICE AND PROCEDURE: transfer of proceedings to the Supreme Court Legislation Cited: Civil Procedure Act 2005 Local Government Act 1993 Western Lands Act 1901 Cases Cited: Lend Lease GPT (Rouse Hill) Pty Ltd v The Hills Shire Council [2010] NSWLEC 130; (2010) 175 LGERA 169