Harris v Mathieson (in his capacity as an authorised officer under the Water Management Act 2000 (NSW) [2019] NSWSC 1064

Supreme Court New South Wales

Medium Neutral Citation: Harris v Mathieson (in his capacity as an authorised officer under the Water Management Act 2000 (NSW) [2019] NSWSC 1064 Hearing dates: 24 June 2019 & 3 July 2019 Date of orders: 22 August 2019 Decision date: 22 August 2019 Jurisdiction: Common Law Before: Davies J Decision: (1) I order that the Notice issued by the defendant on 8 February 2019 purportedly pursuant to s 338A of the Water Management Act 2000 (NSW) in respect of the property known as Latoka be set aside;

(2) I order that the Notice issued by the defendant on 8 February 2019 purportedly pursuant to s 338A of the Water Management Act 2000 (NSW) in respect of the property known as Janbeth be set aside;

(3) The defendant is to pay the plaintiffs' costs of the proceedings. Catchwords: ADMINISTRATIVE LAW – ground of review other than procedural fairness – improper exercise of power – plaintiffs issued with notices from defendant on behalf of the National Resources Access Regulator – notices issued under s 338A Water Management Act 2000 (NSW) – notices required the provision of stipulated information and documents – notices said to be issued as part of an investigation by NRAR into the plaintiffs' water access and use at their two farms – notices said to be issued for the purpose of determining whether there had been compliance with or contravention of identified conditions of the access licence for each of the properties – whether the defendant was entitled to require the plaintiffs to furnish the stipulated information/documents – whether the information/documents were required for the purpose of ascertaining whether the plaintiffs had contravened identified conditions of the respective access licences – notices set aside Legislation Cited: Trade Practices Act 1974 (Cth) s 155 Uniform Civil Procedure Rules 2005 (NSW) r 59.4 Water Management Act 2000 (NSW) ss 53, 56, 60B, 60C, 66, 89, 90, 91I, 100, 101A, 337, 338A Cases Cited: A v Independent Commission Against Corruption (2014) 88 NSWLR 240; [2014] NSWCA 414 Melbourne Home of Ford Pty Ltd v Trade Practices Commission (No.3) (1980) 31 ALR 519; 47 FLR 163 Pyneboard Pty Ltd v Trade Practices Commission and Bannerman (1982) 39 ALR 565; 57 FLR 368 SA Brewing Holdings Ltd v Baxt (1989) 89 ALR 105; 23 FCR 357 Texts Cited: Nil Category: Principal judgment Parties: Peter James Harris (First Plaintiff) Jane Maree Harris (Second Plaintiff) Scott Mathieson (in his capacity as an authorised officer under the Water Management Act 2000 (NSW) (Defendant) Representation: Counsel: M Elliott SC & C Bannan (Plaintiffs) C Lenehan & D Delany (Defendant)