Gwozdecky v North Sydney Council [2000] NSWLEC 155

Land and Environment Court of New South Wales

CITATION : Gwozdecky v North Sydney Council [2000] NSWLEC 155 APPLICANT: Peter Michael Gwozdecky PARTIES : RESPONDENT: North Sydney Council FILE NUMBER(S) : 30033 of 2000 CORAM: Talbot J KEY ISSUES: Practice & Procedure :- appeal against decision determining application for review of categorisation of land - whether out of time - extent of right to appeal LEGISLATION CITED: Local Government Act 1993 s 514, s 525, s 526 CASES CITED: DATES OF HEARING: 26/06/2000 EX TEMPORE 06/26/2000 JUDGMENT DATE :

APPLICANT: In person SOLICITORS: N/A LEGAL REPRESENTATIVES: RESPONDENT: Mr D T Miller (Barrister) SOLICITORS: Windeyer Dibbs

JUDGMENT:

IN THE LAND AND Matter No. 30033 of 2000 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 26 June, 2000

Peter Michael Gwozdecky Applicant v North Sydney Council Respondent

REASONS FOR JUDGMENT

1. I have the benefit of submissions from both parties and documents which form the fundamental skeleton of the history of this matter.

2. The applicant in the proceedings, the respondent to the notice of motion, received a rate notice in May 1999 and a further rate notice in July 1999, both of which confirmed that the council had applied the business rate to the subject property in some respect.

3. The applicant subsequently lodged a document headed Application for Change in Category of Land - Categorisation for Rating Purposes, which bears the insignia of the North Sydney Council. He also wrote a letter to the council on 19 July 1999 making submissions in support of the printed application form.