Simmons v Marrickville Council; Kababy Pty Limited v Marrickville Council [2012] NSWLEC 133

Land and Environment Court New South Wales

Medium Neutral Citation: Simmons v Marrickville Council; Kababy Pty Limited v Marrickville Council [2012] NSWLEC 133 Hearing dates: 6 June 2012 Decision date: 06 June 2012 Jurisdiction: Class 1 Before: Biscoe J Decision: (1) Applicants' notices of motion seeking extension of time for commencing appeals dismissed; (2) proceedings dismissed. Catchwords: LIMITATION OF TIME - the Court has no power under r 7.4 of the Land and Environment Court Rules 2007 to extend the six month limitation period for commencing an appeal against refusal of a development consent under s 97(1) of the Environmental Planning and Assessment Act 1979. Legislation Cited: Environmental Planning and Assessment Act 1979 s 97(1) Interpretation Act 1987 s 32(2)(a) Land and Environment Court Act 1979 s 74(1)(a) Land and Environment Court Rules 2007 Part 7 Uniform Civil Procedure Rules 2005 rr 1.13, 50.3(1)(a), 50.3(1)(c) Cases Cited: Chen v Virgona [2008] NSWLEC 281 Re Western Australia v Wardley Australia Ltd [1991] FCA 314, 30 FCR 245 Category: Procedural and other rulings Parties: 10301 of 2012 Michael Simmons as the Executor of the Estate of the late Andrew Simmons (Applicant) Marrickville Council (Respondent)

10302 of 2012 Kababy Pty Ltd (Applicant) Marrickville Council (Respondent) Representation: COUNSEL: Mr T Sattler, solicitor (Applicants) Mr J Strati, solicitor (Respondent) SOLICITORS: Sattler & Associates (Applicants) Marrickville Council (Respondent) File Number(s): 10301 of 2012 and 10302 of 2012