David Lewis Clout as Trustee of the Property of Salvatore Mario Littore and Aurora Littore v Vincent John Littore and David Alan Littore [2015] NSWLEC 148

Land and Environment Court New South Wales

Medium Neutral Citation: David Lewis Clout as Trustee of the Property of Salvatore Mario Littore and Aurora Littore v Vincent John Littore and David Alan Littore [2015] NSWLEC 148 Hearing dates: 15 September 2015 Date of orders: 15 September 2015 Decision date: 15 September 2015 Jurisdiction: Class 2 Before: Craig J Decision: (1) Pursuant to cll 6(3) and 8(c) of Sch 1A to the Water Management Act 2000 and subject to the applicant by his counsel giving the usual undertaking as to damages, the operation of caveat No AJ492759 lodged on behalf of David Lewis Clout as trustee of the property of Salvatore Mario Littore and Aurora Littore, bankrupts, over the holdings of Salvatore Mario Littore and Aurora Littore in water access licence 37145 be extended until further order of this Court. (2) Costs of the application are reserved. (3) Reserve liberty to either party to apply on three working days' written notice to the other. (4) Direct that these orders may be entered forthwith. Catchwords: CAVEAT – application for extension of operation of a caveat – Schedule 1A of the Water Management Act 2000 (NSW) – trustee of bankrupt estate seeking to restrain registration of dealings in respect of water access licence – equitable interest in water access licence – operation of caveat extended pending the determination of Supreme Court proceedings Legislation Cited: Bankruptcy Act 1966 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Water Management Act 2000 (NSW) Category: Principal judgment Parties: David Lewis Clout as Trustee of the Property of Salvatore Mario Littore and Aurora Littore, bankrupts (Applicant) Vincent John Littore (First respondent) David Alan Littore (Second respondent) Representation: Counsel: B Le Plastrier (Applicant) No appearance (First and second respondents)