Austar Plumbing Services Pty Ltd (ACN 091 391 301) v Sydney Water Corporation (ABN 49 776 225 038)

Austar Plumbing Services Pty Ltd sought judicial review of a decision by Sydney Water Corporation to de-list the plaintiff from its list of authorised service providers for its infrastructure. The plaintiff alleged that the defendant’s decision was unreasonable, biased, and failed to take into account relevant considerations. The plaintiff also argued that there was an implied duty of good faith and fair dealing in the relationship between the parties, which the defendant breached in making the decision. The court was required to determine whether the defendant's decision was unreasonable, whether it was affected by bias, and whether the defendant failed to consider relevant factors in making the decision.

The court considered the nature of the relationship between the parties, including whether there was a contractual obligation for the plaintiff to be listed as a service provider. It examined the email from Sydney Water on 15 May 2012 and whether it constituted an offer that the plaintiff subsequently accepted. The court also considered whether there was an implied duty of good faith and fair dealing in the relationship between the parties and whether the defendant breached that duty in making the decision. The court found that the decision was not unreasonable, there was no bias, and the defendant did not fail to take into account relevant considerations.

The court held that the decision was not affected by bias and was not unreasonable. It found that the plaintiff's listing as a service provider did not arise under a contract in the form of an "Overarching Agreement" or certain "Developer Works Deeds." The court also found that there was no implied duty of good faith and fair dealing in the relationship between the parties. The court dismissed the plaintiff's application for judicial review. The final orders were that the plaintiff pay the defendant's costs of the application.