Al Maha Pty Ltd v Huajun Investments Pty Ltd [2018] NSWSC 867

Supreme Court New South Wales

Medium Neutral Citation: Al Maha Pty Ltd v Huajun Investments Pty Ltd [2018] NSWSC 867 Hearing dates: 8 June 2018 Date of orders: 12 June 2018 Decision date: 12 June 2018 Jurisdiction: Common Law Before: Fagan J Decision: 1. These proceedings are removed into the Court of Appeal.

2. The summons and the applicant's notice of motion filed 25 May 2018 are to be listed before the Court of Appeal on Monday, 18 June 2018.

3. The costs of the notice of motion in the Common Law Division are reserved to the Court of Appeal. Catchwords: ADMINISTRATIVE LAW – judicial review – Land and Environment Court – decision of Commissioner of Land and Environment Court – relief sought by third party pursuant to Supreme Court Act 1970 (NSW), ss 65 or 69

CIVIL PROCEDURE – jurisdiction – transfers to and from other courts – Land and Environment Court – judicial review of decision of Commissioner of Land and Environment Court – application put before Court of Appeal to transfer proceedings to Land and Environment Court – Civil Procedure Act 2005 (NSW), ss 149B, 149E – where proceedings erroneously commenced in Common Law Division – whether transfer application should be determined by single judge in Common Law Division – Supreme Court Act 1970 (NSW), ss 48, 51 – order for removal of proceedings to Court of Appeal Legislation Cited: Civil Procedure Act 2005 (NSW) Land and Environment Court Act 1979 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Lowy v The Land and Environment Court of NSW [2002] NSWCA 353 V'landys v Land and Environment Court (NSW) [2012] NSWLEC 218 Young v King [2016] NSWCA 282 Category: Principal judgment Parties: Al Maha Pty Ltd (applicant) Huajan Investments Pty Ltd (first respondent) Land and Environment Court of New South Wales (second respondent) City of Canada Bay Council (third respondent) Representation: Counsel: Mr Jason Lazarus (applicant) Mr Craig Leggat SC (first respondent) Submitting appearance (second respondent) Ms N Purves, solicitor (third respondent)