D'Anastasi v Environment, Climate Change & Water NSW [2011] NSWCA 374

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: D'Anastasi v Environment, Climate Change & Water NSW [2011] NSWCA 374 Hearing dates: 6 September 2011 Decision date: 02 December 2011 Before: Campbell JA at [1]; Young JA at [2]; Sackville AJA at [103] Decision: Appeal allowed with costs. The appellant is entitled to a declaration that Notice 1118170 issued to the appellant by an officer of the first respondent bearing date 1 September 2010 is void: the Court so declares. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: APPEAL- has an appeal become spent- notice had expired- limitation period for prosecution of alleged offence had expired- section in Act purports to keep expired notices alive- Supreme Court does not have an advisory jurisdiction, however the Court retains a discretion to hear and determine an appeal which has been regularly commenced- Court is likely to exercise discretion where the decision the subject of the appeal is likely to affect other cases- Court proceeded to determine the appeal.

JUDICIAL REVIEW- construction of a statutory notice- notice to be construed according to what would be conveyed to the reasonable recipient of the notice- recipient may be required to make some enquiries but not to make enquiries of unrelated third parties.