Littore v Rabobank Australia Limited

Land and Environment Court New South Wales Medium Neutral Citation: Littore and Anor v Rabobank Australia Limited and Ors [2016] NSWLEC 37 Hearing dates:17 and 19 February 2016Date of orders: 19 February 2016 Decision date: 19 February 2016 Jurisdiction:Class 2Before: Moore J Decision: See [15] Catchwords: INJUNCTION – interim injunction granted ex parte – further consideration of whether the injunction should be continued – appropriate remedy in damages available – injunction discharged Legislation Cited: Water Management Act 2000 Category:Procedural and other rulingsParties: David Littore (First Applicant) Vincent Littore (Second Applicant) Rabobank Australia Limited (First Respondent) Stewart McCallum (Second Respondent) Ryan Eagle (Third Respondent) John Hart (Fourth Respondent) Representation: Counsel: Mr M Astill, barrister (Applicants) Mr E Muston SC (First to Fourth Respondents)   Solicitors: Robert James Lawyers (Applicant) Minter Ellison (First to Fourth Respondents) File Number(s):20115 of 2016Publication restriction:NoEXTEMPORE Judgment HIS HONOUR: Earlier this week I dealt with an urgent ex parte application brought on behalf of the applicants in these proceedings seeking a restraining order to prevent the first to fourth respondents to the Notice of Motion from dealing with six water access licences granted under the Water Management Act 2000 (the Water Management Act) as a result of failure to set aside default notices that had been served pursuant to s 71X(1) of that Act. On that occasion, I was satisfied, on the basis of the material put to me by Mr Eastman of counsel for the Applicants on that occasion in these Class 2 proceedings, that it was...