Veenstra v Department of Customer Service [2023] NSWLEC 99

Land and Environment Court New South Wales

Medium Neutral Citation: Veenstra v Department of Customer Service [2023] NSWLEC 99 Hearing dates: 25 September 2023 Date of orders: 25 September 2023 Decision date: 25 September 2023 Jurisdiction: Class 3 Before: Pritchard J Decision: The Court makes the following orders: (1) The Court extends the time in r 7.1(1)(a) of the Land and Environment Court Rules 2007 (NSW) from 7 July 2023, being the date of the expiry of the time for an appeal under r 7.1(1)(a), to 4 August 2023, being the date of the filing of the applicants' Class 3 application seeking to appeal the determination of compensation for subsidence made by Subsidence Advisory NSW pursuant to s 12B of the Mine Subsidence Compensation Act 1961 (NSW), dated 8 May 2023. (2) Costs reserved. Catchwords: PRACTICE AND PROCEDURE — extension of time — exercise of discretion to grant extension of time — length of delay – reasons for delay — extent of prejudice – prospect of success on appeal Legislation Cited: Coal Mine Subsidence Compensation Act 2017 (NSW) s 16 Land and Environment Court Rules 2007 (NSW) rr 7.1, 7.3 Mine Subsidence Compensation Act 1961 (NSW) ss 12, 12A, 12B Cases Cited: Aul v Department of Customer Service [2021] NSWLEC 140 Gallo v Dawson (1990) 64 ALJR 458; [1990] HCA 30 Jackamarra (an Infant) v Krakouer (1998) 195 CLR 516; [1998] HCA 27 Teh v Dormer [2016] NSWLEC 42 Tomko v Palasty (No 2) (2007) 71 NSWLR 61; [2007] NSWCA 369 Category: Procedural rulings Parties: Henry Veenstra (First Applicant) Carol Veenstra (Second Applicant) Legal, Department of Customer Service (Respondent) Representation: Counsel: L. Chapman (Applicants) A. Ranson (Solicitor) (Respondent) Solicitors: RMB Lawyers (Applicants) Department of Customer Service (Respondent) File Number(s): 2023/248257 Publication restriction: Nil