Farriss v Minister Administering the Crown Lands Act 1989 [2011] NSWCA 275

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Farriss v Minister Administering the Crown Lands Act 1989 [2011] NSWCA 275 Hearing dates: 30 June 2011 Decision date: 07 September 2011 Before: Campbell JA at [1] Macfarlan JA at [2] Sackville AJA at [37] Decision: Appeal dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: LAND AND ENVIRONMENT - notice of redetermination of rent payable by appellant for licence of domestic waterfront Crown land issued by respondent Minister under s 143 Crown Lands Act 1989 - appellant appealed to Land and Environment Court - whether primary judge erred in law by misconstruing a document issued by the Independent Pricing and Regulatory Tribunal of New South Wales (IPART) upon which the Minister relied in making rental redetermination - proper construction of IPART recommendation for redetermination of rent Legislation Cited: Crown Lands Act 1989 Land and Environment Court Act 1979 Category: Principal judgment Parties: Shelley Margaret Farriss (Appellant) Minister Administering the Crown Lands Act 1989 (Respondent) Representation: Counsel: I Hemmings (Appellant) C Birch SC/J Maston (Respondent) Solicitors: Hones La Hood (Appellant) IV Knight, Crown Solicitor (Respondent) File Number(s): CA 2010/375141 Decision under appeal Citation: Farriss v Minister Administering the Crown Lands Act 1989 [2010] NSWLEC 206 Date of Decision: 2010-10-18 00:00:00 Before: Pain J File Number(s): 30798 of 2009