Randren House Pty Ltd v Water Administration Ministerial Corporation

Randren House Pty Ltd and others (the applicants) sought to appeal decisions of the primary judge who had dismissed their judicial review proceedings against the Water Administration Ministerial Corporation (the respondent). The applicants' claims concerned the making of a plan under the *Water Management Act 2000* (NSW) and other related decisions, which they alleged affected their land. The primary judge had found the proceedings were not brought within the three-month time limit prescribed by section 47 of the relevant legislation, and had refused an application to reopen the matter after judgment was reserved.

The Court of Appeal was required to determine whether the primary judge erred in finding that the applicants' judicial review proceedings were statute-barred. This involved considering whether the time for commencing an appeal ran from the initial dismissal of the claims or from later costs orders made months after the substantive judgment. The court also had to consider whether the applicants should have been granted an extension of time to appeal, and if they had sufficiently explained the delay in bringing their appeal. Further issues included whether the Minister was entitled to make decisions to create a plan at a "high level," whether the Minister had a duty to classify water sources of the State, and whether an error was made in refusing an application to adduce further evidence.

The Court of Appeal refused the applicants leave to extend the time within which to appeal. The court reasoned that the applicants had not provided a sufficient explanation for the significant delay in filing their appeal. Consequently, the notice of appeal was dismissed as incompetent, and the applicants were ordered to pay the respondent's costs.