Al Maha Pty Ltd v Huajun Investments Pty Ltd

Al Maha Pty Ltd (the applicant) sought judicial review of a decision made by a Commissioner of the Land and Environment Court. Huajun Investments Pty Ltd (the respondent) applied to transfer these proceedings from the Court of Appeal to the Land and Environment Court.

The central legal issue before the Court of Appeal was whether the transfer of the judicial review proceedings from the Court of Appeal to the Land and Environment Court was appropriate.

Sackville AJA considered the nature of judicial review and the jurisdiction of the Land and Environment Court. The Court determined that the transfer was not appropriate in the circumstances. The Court granted the applicant leave to file an Amended Summons, noted directions previously made, and dismissed the respondent's motion. The costs of each motion were to be costs in the appeal.