Kirkman v Minister Administering the Crown Lands Act [2019] NSWSC 1683

Supreme Court New South Wales

Medium Neutral Citation: Kirkman v Minister Administering the Crown Lands Act [2019] NSWSC 1683 Hearing dates: 28 November 2019 Date of orders: 28 November 2019 Decision date: 28 November 2019 Jurisdiction: Equity Before: Slattery J Decision: Proceedings adjourned part heard to 19 March 2020. Notwithstanding that the Minister had filed a submitting appearance, request made by the Court for the Minister to assist with information about the material before the decision maker of the challenged decision. Catchwords: PRACTICE AND PROCEDURE – adjournment of proceedings – application for judicial review of administrative decision of the Minister for Agriculture and Forestry ("the Minister") to close a Crown road and sell the land comprising the road to adjoining owners – plaintiff is one of the adjoining owners – Minister is the first defendant and has filed a submitting appearance – the other adjoining owner is the second defendant – the Minister's failure to appear at the hearing makes it more difficult for the Court to determine what material was before the Minister at the time the challenged decision was made – Minister's assistance sought to accurately determine the scope of the material before the decision-maker – what procedural directions should be undertaken to give the Court clarity about what materials were before the Minister at the time the decision was made. Legislation Cited: Uniform Civil Procedure Rules 2005, r 6.11 Cases Cited: Kirkman v Minister Administering the Crown Lands Act 1989 [2016] NSWSC1876 Sahab Holdings Pty Ltd v Registrar General (2009) 75 NSWLR 629 Category: Consequential orders (other than Costs) Parties: Plaintiff: Jennifer Kirkman First Defendant: Minister Administering the Crown Lands Act Second Defendant: Geoffrey Robert Wood & Jan Margaret Wood Representation: Counsel: Plaintiff: S. Berveling