Al Maha Pty Ltd v Huajun Investments Pty Ltd

[2018] NSWCA 137

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Transfer of proceedings
3. › Transfer between Supreme Court and Land and Environment Court
4. › Whether transfer appropriate where proceedings seek judicial review of decision of transferee court
5. › Civil Procedure Act 2005 (NSW), s 149B
1. Practice and Procedure
2. › Judicial review
3. › Proceedings in Court of Appeal
4. › Amendment of summons
5. › Whether leave to amend should be granted to add new grounds of review
6. › Uniform Civil Procedure Rules 2005 (NSW), r 51.45
1. Courts
2. › Land and Environment Court
3. › Supervisory jurisdiction of Court of Appeal
4. › Policy that judicial review of Land and Environment Court decisions be exercised by Court of Appeal
5. › Supreme Court Act 1970 (NSW), s 48

Quick Take

Transfer of judicial review proceedings from the Court of Appeal to the Land and Environment Court under s 149B of the Civil Procedure Act 2005 (NSW) will generally not be appropriate where the proceedings seek to quash a decision of that Court, including decisions of Commissioners deemed to be decisions of the Court, unless compelling circumstances exist.