Hussain v Liverpool City Council [2014] NSWLEC 45

Land and Environment Court New South Wales

Medium Neutral Citation: Hussain v Liverpool City Council [2014] NSWLEC 45 Hearing dates: 22 April 2014 Decision date: 22 April 2014 Jurisdiction: Class 6 Before: Craig J Decision: (1)Set aside order made on 14 February 2014 granting leave to appeal. (2)Appeal dismissed as incompetent. (3)Exhibits may be returned. Catchwords: PRACTICE AND PROCEDURE - motion to set aside order granting the applicant leave to appeal out of time - whether Court had power to grant leave - application for leave to appeal lodged more than three months after date of conviction - s 33(2) of the Crimes (Appeal and Review) Act 2001 - order made irregularly - r 36.15 of the Uniform Civil Procedure Rules 2005 - order set aside APPEAL - severity appeal against sentence in Local Court - application for leave to appeal lodged more than three months after date of conviction - s 33(2) of the Crimes (Appeal and Review) Act 2001 - no power to hear appeal - appeal dismissed as incompetent Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW)

Crimes (Appeal and Review) Amendment Act 2009 (NSW)

Environmental Planning and Assessment Act 1979 (NSW)

Land and Environment Court Rules 2007 (NSW)

Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Denning v Department of Environment and Conservation [2007] NSWLEC 258; 153 LGERA 200 Category: Principal judgment Parties: Mohiz Hussain (Appellant) Liverpool City Council (Respondent) Representation: A K Singh (Appellant) D Accoto (Respondent) Rams Family Lawyers (Appellant) Legal Services Division, Liverpool City Council (Respondent) File Number(s): 60002 of 2014