Daly v Mosman Municipal Council [2024] NSWLEC 107

Land and Environment Court New South Wales

Medium Neutral Citation: Daly v Mosman Municipal Council [2024] NSWLEC 107 Hearing dates: 13 September 2024 Date of orders: 13 September 2024 Decision date: 13 September 2024 Jurisdiction: Class 4 Before: Robson J Decision: See orders at [19] Catchwords: NOTICE OF MOTION — Civil procedure — Extension of time to commence judicial review proceedings under r 59.10(2) of the Uniform Civil Procedure Rules 2005 (NSW) — Summons filed 10 years after relevant decision made — Mosman Municipal Council decision to impose condition on development consent — Public interest raised Legislation Cited: Government Information (Public Access) Act 2009 (NSW) Land and Environment Court Rules 2007 (NSW), rr 4.2, 4.3 Uniform Civil Procedure Rules 2005 (NSW), rr 42.1, 59,9, 59.10 Category: Procedural rulings Parties: Jacqueline Daly (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: J Daly, self-represented (Applicant) R McCulloch, solicitor (Respondent)

Solicitors: Self-represented (Applicant) Pikes and Verekers Lawyers (Respondent) File Number(s): 2024/00253382 Publication restriction: Nil

Ex Tempore JUDGMENT (revised)

Introduction 1. Before the Court for hearing is a notice of motion in Class 4 judicial review proceedings commenced by summons filed 10 July 2024 (and amended 22 August 2024). 2. Jacqueline Daly ('applicant') seeks judicial review of a decision of Mosman Municipal Council ('Council') to impose condition 75(iv) on development consent 8.2014.86.1 granted by Council on 29 October 2014 for development of the applicant's property in 23 Rickard Avenue, Mosman ('Consent'). 3. By notice of motion filed 5 August 2024 (and amended 22 August 2024), the applicant seeks orders, inter alia, for leave pursuant to r 59.10(2) of the Uniform Civil Procedure Rules 2005 (NSW) ('UCPR') extending the time permitted to commence these judicial review proceedings. 4. In the event that an extension of time order under r 59.10(2) of the UCPR is not made, the motion seeks various alternative orders being, first, an order under r 59.10(5) that the applicant's summons be heard due to the importance of the matter to the applicant; second, if subrr 59.10(2) and (5) are not applicable or successful, an order pursuant to r 4.3(a) of the Land and Environment Court Rules 2007 (NSW) ('Court Rules'), that Council make available to the Court and the applicant the legal advice obtained by Council on 6 May 2024 and 9 July 2024 and the total number of Mosman residents who are subject to a similar condition (that is, condition 75(iv) of the Consent) in a residential development consent. 5. In addition, the applicant also seeks an order pursuant to r 42.1 of the UCPR, that Council "may not recover costs from the [applicant] where the [applicant] is unsuccessful in the proceedings" or, in the alternative, pursuant to r 4.2(1) of the Court Rules, that the applicant not be required to pay Council's costs as the proceedings "have been brought in the public interest". 6. The applicant appears without legal representation and Ms McCulloch, solicitor, appears for Council. I have been careful to explain to the applicant my concerns in relation to the nature of the relief presently sought in both the amended summons and the amended notice of motion and I have formed the view that despite being unrepresented, the applicant properly understands the nature of the claim and the Court process pursuant to which she seeks relief. She has indicated that she will further consider her position after receiving Council's further evidence and submissions. 7. For the reasons that follow, I find that the application for the extension of time in the amended notice of motion filed 22 August 2024 should be heard at the same time, and together with, the relief sought in the amended summons filed 22 August 2024.