Supre Pty Ltd v Marrickville Municipal Council [1989] NSWLEC 223

Land and Environment Court of New South Wales

CITATION : Supre Pty Ltd v Marrickville Municipal Council [1989] NSWLEC 223 APPLICANT Supre Pty Ltd PARTIES : RESPONDENT Marrickville Municipal Council FILE NUMBER(S) : 10414 of 1989 CORAM: Bignold J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act 1979 CASES CITED: General Steel Industries Inc. v. Commissioner for Railway (NSW) 1964 112 CLR 125 DATES OF HEARING: 18/07/89, 21/07/89, 28/07/89 DATE OF JUDGMENT: 08/11/1989

LEGAL REPRESENTATIVES:

JUDGMENT:

Bignold J.: Last Friday I dismissed the Respondent's Notice of Motion to strike out the proceedings herein. I now publish my reasons for so ordering.

On 29th June, 1989 the Applicant filed in Court a class 1 application commencing the current proceedings under the Environmental Planning and Assessment Act 1979. The application was in the appropriate form and stated as "the decision appealed against ....... or otherwise the subject of the proceedings" -

"Deemed refusal of development application dated 24th March, 1988."

The application annexed a copy of the development application dated 24th March, 1988 together with an accompanying letter to Council dated 11th November, 1987.

The proceedings came before the Registrar at call-over held on 18th July, 1989 when the Respondent's legal representative asserted that the proceedings were lodged out of time. Thereupon the Registrar directed the Respondent to file a Notice of Motion returnable before the Duty Judge on 28th July, 1989. On 21st July, 1989 the Respondent filed its Notice of Motion seeking an order that the proceedings be struck out.