Farriss v Minister Administering the Crown Lands Act 1989

The appellant, Farriss, appealed to the Court of Appeal of New South Wales against a decision of the Land and Environment Court. The dispute concerned the redetermination of rent payable by the appellant for a licence of domestic waterfront Crown land, a redetermination made by the respondent Minister. The Minister's decision relied upon a document issued by the Independent Pricing and Regulatory Tribunal of New South Wales (IPART).

The central legal issue before the Court of Appeal was whether the primary judge in the Land and Environment Court had erred in law by misconstruing the IPART document. Specifically, the court had to determine the proper construction of the IPART recommendation upon which the Minister based the rental redetermination.

The Court of Appeal found that the primary judge had correctly construed the IPART recommendation. The court held that the Minister was entitled to rely on the IPART recommendation as it was presented, and that the primary judge's interpretation of that document was sound. Consequently, the appeal was dismissed.