Regional Express Holdings Limited v Dubbo City Council (No 2) [2013] NSWLEC 113

Land and Environment Court New South Wales

Medium Neutral Citation: Regional Express Holdings Limited v Dubbo City Council (No 2) [2013] NSWLEC 113 Hearing dates: 19 July 2013 Decision date: 23 July 2013 Jurisdiction: Class 4 Before: Biscoe J Decision: (1) The Court determines that r 59.10 of the Uniform Civil Procedure Rules 2005 does not apply to these proceedings for judicial review of the respondent's decision of 22 October 2012, but, if it does apply, the time for commencing these proceedings in relation to that decision is extended to the date of filing of the summons. (2) The respondent is to serve on the applicant a written statement of the reasons for its decisions of 22 October 2012 and 25 February 2013 by 6 September 2013. Such reasons are to be to the best of the knowledge, information and belief of the respondent or the person providing the statement on its behalf. (3) Leave is granted to the applicant to file an amended summons in the form annexed to its notice of motion filed on 21 June 2013 by 24 July 2013. (4) The costs of the applicant's notice of motion filed on 21 June 2013 are costs in the cause. (5) The exhibits may be returned. Catchwords: JUDICIAL REVIEW - motion under r 59.10 of Uniform Civil Procedure Rules 2005 to extend time to commence judicial review proceedings, to provide reasons for challenged decisions under r 59.9, and to amend summons - whether Part 59 of UCPR applied retrospectively to an earlier administrative decision. Legislation Cited: Local Government Act 1993 ss 608, 610D, 610F Land and Environment Court Rules 2007 r 4.3(b)(iv) Civil Procedure Rules 1998 (UK) rr 54.4, 54.5 and 3.1(2)(a) Uniform Civil Procedure Rules 2005 rr 54, 59 Land and Environment Court Practice Note - Class 4 Proceedings Supreme Court Practice Note SC CL 3 Cases Cited: Charlton v Moore (No 2) [2009] NSWLEC 47 Egan v Cudgegong (Abattoir) County Council (1973) 1 NSWLR 222 Habib v Nationwide News Pty Ltd [2006] NSWCA 14, (2006) 65 NSWLR 264 Hooper v Port Stephens Council [2010] NSWLEC 41 Maxwell v Murphy [1957] HCA 7, (1957) 96 CLR 261 Patsalis v Attorney General of NSW [2013] NSWCA 98 Rodway v The Queen [1990] HCA 19, (1990) 169 CLR 515 Shellharbour City Council v Minister for Planning [2011] NSWLEC 59 Vincent Land Pty Ltd v Hyder Consulting Pty Ltd [2012] NSWLEC 105 Yew Bon Tew v Kenderaan Bas Mara [1983] 1 AC 553 Yrttiaho v Public Curator of Queensland [1971] HCA 29, (1971) 125 CLR 228 Texts Cited: Aronsen and Groves, Judicial Review of Administrative Action, 5th ed (2013) Thomson Reuters