Hutchins Pastoral Co Pty Ltd v The Minister administering the Water Management Act 2000 [2014] NSWSC 46

Supreme Court New South Wales

Medium Neutral Citation: Hutchins Pastoral Co Pty Ltd v The Minister administering the Water Management Act 2000 [2014] NSWSC 46 Hearing dates: 26, 27 February 2013 Decision date: 03 February 2014 Jurisdiction: Common Law Before: Slattery J Decision: No relief granted to the plaintiffs. Catchwords: STATUTORY INTERPRETATION - the plaintiffs hold water access licences under Water Management Act 2000 - the plaintiffs allege that their water entitlements under licences were incorrectly calculated pursuant to a formula in a Water Sharing Plan for the Lower Murrumbidgee Groundwater Sources 2003 - whether properties to which licences relate "amalgamated" - whether correction of the calculation is possible if the volume of each entitlement is listed in a schedule to Water Management (General) Regulation 2004 - whether list of entitlements in that schedule is a rebuttable presumption subject to correct application of calculation formula prescribed by Water Sharing Plan for the Lower Murrumbidgee Groundwater Sources 2003, clause 25C. Legislation Cited: Crown Proceedings Act 1988 (NSW) Real Property Act, ss 14A, 45D, 49, and 81J Water Act 1912 (NSW) Water Management (General) Amendment Regulation 2006 (NSW) Water Management (General) Regulation 2004 (NSW), Schedule 4A Water Management Act 2000 (NSW), Schedule 10 Water Sharing Plan for the Lower Murrumbidgee Groundwater Sources 2003 (NSW) cl 25C, cl 25D, Schdedule 4 Cases Cited: Brayson Mavis Pty Limited (in liquidation) v Federal Commissioner of Taxation (Cth) (1985) 156 CLR 651 Commissioner of Stamp Duties (NSW) v Permanent Trustee Co Ltd (1987) 9 NSWLR 719 Cranbrook School v Woollahra municipal Council (2006) 66 NSWLR 379 Deputy Commissioner of Taxation (SA) v Ellis & Clark Limited (1934) 52 CLR 85 Green and Anor v Minister for Climate Change, Environment and Water [2008] NSWLEC 48 Macquarie Bank Ltd v Fociri Pty Limited (1992) 27 NSWLR 203 Nature Conservation Council (NSW) Inc v Minister Administering the Water Management Act 2000 (2005) 137 LGERA 320 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Tubbo Pty limited v Minister Administering the Water Management Act 2000 [2008] NSWCA 356 Category: Principal judgment Parties: Plaintiffs: Hutchins Pastoral Co Pty Ltd (First Plaintiff) Danwillach Pty Ltd (Second Plaintiff) Delta Creek Pty Ltd (Third Plaintiff) Defendants: The Minister administering the Water Management Act 2000 (First Defendant) State of New South Wales (Second Defendant) Representation: Counsel: Plaintiff: Mr M. Zammit Defendants: Mr N. Hutley, SC; Mr J. Hutton Solicitors: Plaintiff: Leigh Adams, Leigh Adams Lawyers Defendants: I.V. Knight, Crown Solicitor File Number(s): 2009/298126 Publication restriction: No