Australia Skydive Pty Ltd v Wyong Shire Council [2014] NSWLEC 185

Land and Environment Court New South Wales

Medium Neutral Citation: Australia Skydive Pty Ltd v Wyong Shire Council [2014] NSWLEC 185 Hearing dates: 21 November 2014 Decision date: 21 November 2014 Jurisdiction: Class 4 Before: Craig J Decision: 1. Extend time until 13 June 2014 for the Applicant to commence proceedings in the form of the Summons filed with the Court that day; 2. Stand over the Summons to Friday 19 December 2014 for directions. 3. By consent, costs of the Motion for extension of time be costs in the cause. 3. Reserve liberty to either party to restore the proceedings to the List on 3 days' notice. 4. Exhibits tendered on the Motion may be returned. Catchwords: JUDICIAL REVIEW - motion to extend time to commence judicial review proceedings - Uniform Civil Procedure Rules 2005 Pt 59, r 59.10 - Council resolution to increase differential airport charges for adventure sports aircraft - explanation for delay in commencing proceedings - 19 days outside limitation period - non-litigious steps initially pursued - arguable grounds for challenge - time extended Legislation Cited: Local Government Act 1993 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Brisbane South Regional Health v Taylor [1996] HCA 25; 186 CLR 541 Category: Procedural and other rulings Parties: Australia Skydive Pty Limited (Applicant) Wyong Shire Council (Respondent) Representation: M J Astill (Applicant) P W Larkin SC with E Whitby (Respondent) Maddocks Lawyers (Applicant) Brian Glendenning, Wyong Shire Council File Number(s): 40419 of 2014