Bazeley v Hawkesbury Shire Council [1989] NSWLEC 207

Land and Environment Court of New South Wales

CITATION : Bazeley v Hawkesbury Shire Council [1989] NSWLEC 207 APPLICANT Bazeley PARTIES : RESPONDENT Hawkesbury Shire Council FILE NUMBER(S) : 30191 of 1987 CORAM: Stein J KEY ISSUES: :- LEGISLATION CITED: Land and Environment Court Act Local Government Act Azzopardi v. Tasman UEB Industries Ltd. (1985) 4 NSWLR 139). Brimbella v. Mosman Municipal Council (Court of appeal 19 April 1985); Coles v. Woollahra Municipal Council ((1986) 59 LGRA 133; CASES CITED: Housing Commission of New South Wales v. Tatmar ((1983) 3 NSWLR 378; Carney v. Hawkesbury Shire Council (Land and Environment Court 1 June 1989; Soulemezis v. Dudley (Holdings) Pty. Limited ((1987) 10 NSWLR 247; Selvanayagam v. University of the West Indies ((1983) 1 All ER 824 at 825-6 DATES OF HEARING: DATE OF JUDGMENT: 06/16/1989

APPLICANT LEGAL REPRESENTATIVES: RESPONDENT

JUDGMENT:

HIS HONOUR: This is an appeal pursuant to s.56A of the Land and Environment Court Act against the decision of an Assessor dismissing a rural rating appeal made under s.118(7) of the Local Government Act. The grounds of appeal are that the Assessor erred in law in failing to give any or any adequate reasons for his decision.

Before proceeding I should mention that after some confusion at the commencement of the hearing of the appeal I ordered that the time for appeal be extended to 23 December 1988 to permit the appellant to appeal from the Assessor's decision. I also ordered that the appellant pay the respondent's costs of the oral motion to extend the time for appeal.