Australia and New Zealand Banking Group Limited v Apollo Valley Pty Ltd [2013] NSWLEC 108

Land and Environment Court New South Wales

Medium Neutral Citation: Australia and New Zealand Banking Group Limited v Apollo Valley Pty Ltd [2013] NSWLEC 108 Hearing dates: 16 July 2013 Decision date: 16 July 2013 Jurisdiction: Class 4 Before: Craig J Decision: Orders as set out at [17] Catchwords: CAVEAT - application for extension of operation of a caveat under Schedule 1A of the Water Management Act 2000 - power of Land and Environment Court to extend operation of caveat - caveat lapsing notice issued by Registrar General - equitable interest in water access licence - balance of convenience favoured extension of caveat - operation of caveat extended PROCEDURE - order under s 31(2)(b) of the Land and Environment Court Act 1979 that proceedings be dealt with under Class 2 - implication of assigning proceedings to Class 2 - conduct of proceedings and way evidence may be received - right of appeal from a decision limited to question of law - importance of matters being assigned to the correct class of jurisdiction Legislation Cited: Land and Environment Court Act 1979 Water Management Act 2000 Cases Cited: Brenchley v Minister Administering the Water Management Act 2000 [2011] NSWLEC 192 Mueller v Austin [2010] NSWLEC 137 Category: Interlocutory applications Parties: Australia and New Zealand Banking Group Limited (Applicant) Apollo Valley Pty Ltd (First respondent) Budgewah Pastoral Co Pty Ltd (Second respondent) Representation: S B Docker (Applicant) No appearance (First and Second Respondent) Kemp Strang Solicitors (Applicant) No appearance (First and Second Respondent) File Number(s): 40511 of 2013