Bankstown City Council v Ramahi [2015] NSWLEC 74

Land and Environment Court New South Wales

Medium Neutral Citation: Bankstown City Council v Ramahi [2015] NSWLEC 74 Hearing dates: 23 April 2015 Date of orders: 07 May 2015 Decision date: 07 May 2015 Jurisdiction: Class 4 Before: Preston CJ Decision: (1) The time to commence these proceedings is extended to the date of filing of the summons on 26 February 2015.

(2) The costs of the applicant's notice of motion filed 26 February 2015 are costs in the cause. Catchwords: PRACTICE AND PROCEDURE – judicial review – decisions to issue complying development certificates – motion to extend time to commence judicial review proceedings under Uniform Civil Procedure Rules 2005 (UCPR) – UCPR rule fixes time limit to commence proceedings of 3 months from decision – UCPR rule does not apply to "proceedings in which there is a statutory limitation period for commencing proceedings" – whether rule applies to these proceedings – whether s 101 of Environmental Planning and Assessment Act 1979 is a statutory limitation period for commencing these proceedings – limitation period under s 101 only operates if public notice given of complying development certificates – no public notice given – no statutory limitation period for commencing these proceedings – UCPR rule therefore applies – factors to be considered in extending time – applicant has interest in challenging decisions – no prejudice to persons by delay – applicant's action of not immediately commencing court proceedings not unreasonable – public interest in upholding and enforcing statutory scheme outweighs public interest in certainty and finality of decisions – delay in commencing proceedings is not undue – applicant's case is strong – time extended Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4(1), 76A(5), 84A, 85(1), 85A, 87, 101, 109L, 149D Environmental Planning and Assessment Regulation 2000 cll 126, 130AA, 130AB, 130(4), 134(1), 137 Uniform Civil Procedure Rules 2005 r 59.10 Cases Cited: Dyason v Butterworth [2015] NSWCA 52 Toth v Director of Public Prosecutions (NSW) [2014] NSWCA 133 Category: Procedural and other rulings Parties: Bankstown City Council (Applicant) Ms Dianna Ramahi (First Respondent) Mr Sam Kayellou (Second Respondent) Representation: Counsel: Mr J E Lazarus (Barrister) (Applicant) Ms J Reid (Barrister) (First Respondent) No appearance for the Second Respondent