Hardie Holdings Pty Limited v The State of New South Wales [2016] NSWSC 58

Supreme Court New South Wales

Medium Neutral Citation: Hardie Holdings Pty Limited v The State of New South Wales [2016] NSWSC 58 Hearing dates: 11 February 2016 Date of orders: 26 February 2016 Decision date: 26 February 2016 Jurisdiction: Common Law Before: RS Hulme AJ Decision: 1.Refuse prayers 1 and 4 in the Plaintiffs' Amended Notice of Motion dated 9 February 2016. 2.Order that: (a)The Seventh Plaintiff, Hardie Sanctuary Pty Limited; (b)The Eighth Plaintiff, Biodiversity Land Pty Limited (formerly Eco Trades Pty Limited); (c)The Ninth Plaintiff, Dalbell Pty Limited; and (d)The Tenth Plaintiff, Nersu Pty Limited be removed as Plaintiffs in proceedings 2011/67050. 3.Grant leave to the Plaintiffs to amend the Statement of Claim in proceedings 2011/67050 in accordance with the draft "Further Amended Statement of Claim" initialled by me and dated today. 4.Order that proceeding 2011/67050 and 2015/252895 be heard together and that evidence in one be evidence in the other. 5.Order that the Plaintiffs pay the costs thrown away by the amendments to the Statement of Claim. 6.Order that the Plaintiffs pay 75% of the costs of the Defendant of and incidental to the Notice of Motion filed on 28 August 2015 and the Amended Notice of Motion dated 9 February 2016. Catchwords: Practice and procedure – joint hearing – preferable to consolidation "Crown" includes Ministers Legislation Cited: Crown Proceedings Act 1988 (NSW) Cases Cited: Sneddon v NSW [2012] NSWCA 351 Category: Procedural and other rulings Parties: Hardie Holdings Pty Limited & Ors (Plaintiffs) The State of New South Wales (Defendants) Representation: Counsel: JK Kirk SC: SH Hartford Davis (Plaintiffs) GP Craddock SC: T Stevens (Defendants)