Carson v Auburn Council [2000] NSWLEC 152

Land and Environment Court of New South Wales

CITATION : Carson v Auburn Council [2000] NSWLEC 152 APPLICANT: Carson PARTIES : RESPONDENT: Auburn Council FILE NUMBER(S) : T00018 of 2000 CORAM: Bignold J KEY ISSUES: Practice & Procedure :- Leave to appeal out of time against s 124 order. Whether Court has power to extend time for appeal. LEGISLATION CITED: Local Government Act 1993, s 180(3) Land and Environment Court Rules 1996, Pt 17 r 1 CASES CITED: DATES OF HEARING: 12/07/00 DATE OF JUDGMENT: 07/18/2000

APPLICANT: Mr Carson in person SOLICITORS N/A LEGAL REPRESENTATIVES: RESPONDENT: Mr T J O'Connor SOLICITORS Houston Dearn O'Connor

JUDGMENT: IN THE LAND AND Matter No . T00018 of 2000 ENVIRONMENT COURT OF Coram : Bignold J. NEW SOUTH WALES 18 July 2000

A CARSON

Applicant

v

AUBURN COUNCIL

Respondent

JUDGMENT

Bignold J:

1. By Notice of Motion filed 6 July 2000, the Applicant seeks leave to appeal out of time against an Order served on him under the Local Government Act 1993, s 124.

2. The Order which was dated 25 May 2000 required the Applicant "as owner of premises known as No 36B Regent Street, Regents Park", to carry out "within 14 days from the date of this Order" the following work:

Remove all overgrown vegetation and rubbish and maintain the property in a tidy condition.

3. The Council has appeared to oppose the Motion. It contends that the Court has no power to grant any extension of time because the time for appeal is absolutely fixed by the Local Government 1993 s 180(3) , namely " 28 days after the service of the order " and that Act contains no provision for any extension of that time. (The Motion has been debated on the basis that by the time the Applicant filed any process with the Court on 6 July 2000 , the 28 days for appeal had already expired. Hence, the need for the Applicant to seek the extension of time.)