Seek Justice Pty Ltd v Minister for Lands and Water

ex tempore JUDGMENT ON procedural notice of motion

1. The director of the Applicant Mr Jeray was given leave to rely on an amended notice of motion dated 18 October 2024 which he filed in court today and which I am determining promptly as list judge as this matter has hearing dates in November 2024. This course was not opposed by the First Respondent the Minister for Lands and Water, the Second Respondent Blue Mountains City Council (the Council) and the Fourth Respondent the Minister for Local Government. The Applicant's summons has been set down for hearing on 26-27 November 2024 with a pre-trial mention on 20 October 2024. The matter was set down for hearing on 5 July 2024. I therefore made prayer 1 of the amended notice of motion at the outset. Prayer 1 provided as follows: 1 Leave to file this amended notice of motion in court. which is supported by the affidavits of [Mr] Jeray dated 8 and 17 October 2024.
2. The Applicant relied on affidavits of its director dated 8 October and 17 October 2024.
3. I will now consider the balance of the amended notice of motion which seeks the following relief: 2 Set aside the judgment and orders made by Justice Duggan on 25 September 2024 in case no. 2023/26482 in Seek Justice Pty Ltd v Minister for Lands and Water & 3 Others [2024] NSWLEC 96. 3 Set aside the applicant's further amended summons. which was filed on 2 October 2024 in accordance with order 3 made by Justice Duggan on 25 September 2024. 4 The second respondent must provide the applicant with a complete and legible copy of all 26 electronic .msg documents and all their attachments that are contained within the folder called "F11794." which is contained within the folder called "Point 7-9" on the USB drive it produced to the court on 14 June 2024. 5 The second respondent must provide the applicant with a list/table of all plans of management it has adopted from 4 June 2021 to the date this motion is order is made where the categorisation of crown lands that are covered by the plan of management were not considered at a public hearing because of clause 70A of the Crown Land Management Regulation 2018. The list/table must include the name of the plan of management, the crown lands (including 1ot and deposited plan numbers) covered by the plan of management and the date the second respondent adopted the plan of management. 6 Leave to file _and serve a further amended summons three weeks after the applicant has received the further information requested by orders 4 and 5 above. 7 That the balance of this notice of motion be dealt with after the applicant files its further amended summons. 8 Leave to transfer case no. 2023/26482 and all jurisdiction of the Land and Environment Court of NSW to the Supreme Court of NSW. 9 Should order 4 8 above not be granted, a declaration that the Land and Environment Court of NSW has the jurisdiction to hear and determine all matters in the applicant's further amended summons that includes the specific legislation that enables the Court to do so, noting sections 16 and 20 of the Land and Environment Court Act 1979, the Roads Act 1993, the Government Information (Public Access) Act 2009 and the Crown Lands Management Act 2016 do not provide the Court with the jurisdiction to do so. 10 That the pre-trial mention of 21 October 2024 be vacated. 11 That the hearing dates of 26 and 27 November 2024 for case no 2023/26482 be vacated. 12 The applicant's costs, including court filing fees and photocopying, printing, scanning, postage and the applicant's travelling costs associated with this notice of motion.