Recent Cases

Randren House Pty Ltd v Water Administration Ministerial Corporation [2020] NSWCA 14 (19 February 2020) (Basten JA at [1]; Leeming JA at [17]; Emmett AJA at [204].)


APPEALS – time for commencing appeal – orders made dismissing applicants’ claims – costs orders made months later – whether time for appeal only ran from costs orders – whether applicants should have an extension of time – whether applicants had sufficiently explained delay – extension of time for appeal refused

JUDICIAL REVIEW – applicants’ land claimed to be affected by Minister’s plan made under Water Management Act 2000 (NSW) – applicants brought judicial review proceedings challenging numerous decisions including making of the Minister’s plan – proceedings dismissed as not brought within 3 months as required by s 47 – application to reopen after judgment reserved refused – all bases of judicial review rejected – whether primary judge erred in finding proceedings statute-barred – whether Minister entitled to make decisions to make a plan at “high level” – whether Minister had duty to classify water sources of the State – whether first applicant should have been issued with a licence expressed in terms of unregulated water – whether error in refusing application to adduce further evidence – extension of time for appeal refused