Congregational Christian Church Samoa Parish of Sydney v Georges River Council [2017] NSWLEC 71

Land and Environment Court New South Wales

Medium Neutral Citation: Congregational Christian Church Samoa Parish of Sydney v Georges River Council [2017] NSWLEC 71 Hearing dates: 19 June 2017 Date of orders: 19 June 2017 Decision date: 19 June 2017 Jurisdiction: Class 1 Before: Pain J Decision: (1) The proper Applicant to the appeal is Mr Taeipo Malifa in his personal capacity. (2) The Class 1 appeal filed on 6 April 2017 is dismissed. (3) The Applicant Mr Malifa is to pay the Council's costs of $1,200 within three months of today's date. Catchwords: PRACTICE AND PROCEDURE – Class 1 appeal filed out of time – application for s 82A review does not extend time for filing of Class 1 appeal – fair and reasonable that council's costs paid by applicant Legislation Cited: Environmental Planning and Assessment Act 1979 ss 82, 82A, 97 Environmental Planning and Assessment Regulation 2000, cl 49, Sch 1 cl 1 Land and Environment Court Rules 2007 r 3.7 Planning Appeals Legislation Amendment Act 2010 Sch 1[18] Cases Cited: Coshott v Spencer [2017] NSWCA 118 Council of the City of Sydney v Galanis [2012] NSWLEC 263 Hainbury Pty Ltd v Campbelltown City Council [2007] NSWLEC 713 Lakeman v Ku-ring-gai Council [2013] NSWLEC 14 Category: Procedural and other rulings Parties: Congregational Christian Church Samoa Parish of Sydney (Applicant) Georges River Council (Respondent) Representation: COUNSEL: T Malifa (Applicant) J Ware, solicitor (Respondent)