Boland v Boland [2012] NSWLEC 260

Land and Environment Court New South Wales

Medium Neutral Citation: Boland v Boland [2012] NSWLEC 260 Hearing dates: 26 November 2012 Decision date: 26 November 2012 Jurisdiction: Class 4 Before: Sheahan J Decision: (1) Pursuant to Schedule 1A Part 2 Clause 8 of the Water Management Act 2000 (NSW), but without any admissions by the First defendant, the operation of Caveat No AG962920 lodged by David Leslie Boland and Gimbah Pty Ltd over the title of WAL10207, in the registered name of Leslie Francis Boland, be extended, by consent, until 3 December 2012. (2) By consent, and pursuant to s 149B(2) of the Civil Procedure Act 2005 (NSW) these proceedings be transferred to the Supreme Court of New South Wales, Equity Division, to be associated with proceedings 2010/256395. (3) These orders be entered forthwith. (4) The costs of these proceedings to date be reserved. (5) The Plaintiff's exhibits be returned. The Court notes the agreement of the parties to seek to have these proceedings listed before the Duty Judge of the Supreme Court of New South Wales on 30 November 2012 for further orders. Catchwords: PRACTICE AND PROCEDURE - temporary extension of a caveat - transfer of proceedings to the Supreme Court - statutory provisions - principles to apply Legislation Cited: Civil Procedure Act 2005 Water Management Act 2000 Cases Cited: Peregrine Mineral Sands Pty Ltd v Wentworth Shire Council [2012] NSWLEC 237 Newcastle City Council v Caverstock Group Pty Ltd [2008] NSWCA 249, 163 LGERA 83 Category: Procedural and other rulings Parties: David Leslie Boland (First plaintiff) Gimbah Pty Limited (Second plaintiff) Leslie Francis Boland (First defendant) National Australia Bank Limited (Second defendant) Representation: COUNSEL: Mr E T Finnane (Plaintiffs) Mr S M Freidman, solicitor (First defendant) N/A (Second defendant) SOLICITORS: McCabe Terrill Lawyers (Plaintiffs) Harris Freidman (First defendant) N/A (Second defendant) File Number(s): 41177 of 2012