Daily Construction: Thursday, 3 December 2015
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AR Conolly Company Lawyers.
A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.

Daily Construction

Executive Summary (One Minute Read)
Vella v Minister for Immigration and Border Protection (HCA) - extension of time - migration law - order extending period for making show cause application refused
People for the Plains Incorporated v Santos NSW (Eastern) (NSWSC) - judicial review - proceedings transferred to Land and Environment Court and heard together with related Land and Environment Court proceedings
Summaries With Link (Five Minute Read)
Vella v Minister for Immigration and Border Protection [2015] HCA 42
High Court of Australia
Gageler J
Extension of time - migration law - show cause - plaintiff sought to challenge decision of Minister for Immigration and Border Protection on 13 June 2014 by application for show cause - whether Court satisfied it was necessary in interests of administration of justice to extend period for making of application - whether case “exceptional” - s486A Migration Act 1958 (Cth) - held: principle in University of Wollongong v Metwally (No 2) was against conclusion that interests of administration of justice necessitated extending time for party to litigate issues which party had already had opportunity to raise - Court not satisfied it was necessary in interests of t administration of justice to extend period for making show cause application given length of period for which extension sought and forensic choices made in Federal Court litigation - order under s486A(2) refused - application for an order to show cause dismissed.
Vella
People for the Plains Incorporated v Santos NSW (Eastern) [2015] NSWSC 1792
Supreme Court of New South Wales
Adamson J
Transfer of proceedings - judicial review - plaintiff sought order pursuant to s149B(2) Civil Procedure Act 2005 (NSW) that proceedings be transferred to Land and Environment Court and heard together with related proceedings - ss20, 21C Land and Environment Court Act 1979 (NSW) - Petroleum (Onshore) Act 1991 (NSW) - held: inimical to interests of justice to conduct parallel proceedings in different courts to determine challenges to separate but related decisions - highly desirable that matters be determined in single court - matter suitable for transfer - Court satisfied it was appropriate to make an order pursuant to s149B(2) Civil Procedure Act.
People for the Plains