La Perouse Local Aboriginal Land Council v Minister Administering the Crown Lands Act [2014] NSWLEC 128

Land and Environment Court New South Wales

Medium Neutral Citation: La Perouse Local Aboriginal Land Council v Minister Administering the Crown Lands Act [2014] NSWLEC 128 Hearing dates: 13 August 2014 Decision date: 13 August 2014 Jurisdiction: Class 3 Before: Craig J Decision: 1. The time to appeal the Minister's refusal of Aboriginal land claims 20633 and 20637 be extended to 9 May 2014 pursuant to r 7.3 of the Land and Environment Court Rules 2007. 2. Exhibits may be returned. 3. By consent, orders in accordance with the short minutes of order initialled by his Honour and placed with the papers. 4. Note the matter is stood over for directions to Friday 12 September 2014. Catchwords: PRACTICE AND PROCEDURE - motion for extension of time to appeal against Minster's refusal of two Aboriginal land claims - appeals pursuant to s 36(6) of the Aboriginal Land Rights Act 1983 (NSW) - time for exercising right of appeal fixed by r 7.1(1)(b) of the Land and Environment Court Rules 2007 (NSW) - motion pursuant to r 7.3 of Court Rules - exercise of discretion - considerable delay in the filing of the appeals - possible grounds to appeal Minister's refusal only realised during the course of other proceedings - reasonable for the Land Council to have anticipated that the Minister might have reconsidered decision to refuse claims - delay not so unreasonable that it should result in refusal to extend time - no prejudice to Minister - notice of the Land Council's intention to appeal given to Minister - reasonably arguable case - nature of the proceedings - beneficial and remedial legislation - motion granted Legislation Cited: Aboriginal Land Rights Act 1983 (NSW) Land and Environment Court Rules 2007 Real Property Act 1900 (NSW) Uniform Civil Procedure Rules 2005 Cases Cited: Arthur Andersen Corporate Finance Pty Ltd v Buzzle Operations Pty Ltd (in liq) [2009] NSWCA 104 Australand Holdings Pty Ltd v Hornsby Council [1998] NSWLEC 128 Breskvar v Wall [1971] HCA 70; 126 CLR 376 Gallo v Dawson (1990) 93 ALR 479 Jassls Pty Ltd v Valuer General [2006] NSWLEC 59 Category: Procedural and other rulings Parties: La Perouse Local Aboriginal Land Council (Applicant) Minister Administering the Crown Lands Act (Respondent) Representation: S E Pritchard SC (Applicant) C L Lenehan (Respondent) Chalk & Fitzgerald Lawyers (Applicant) IV Knight, NSW Crown Solicitor (Respondent) File Number(s): 30303 of 2014, 30304 of 2014