Sydney Advantage Investments Pty Ltd v Deep River Group Pty Ltd T/as Precise Planning [2018] NSWLEC 151

Land and Environment Court New South Wales

Medium Neutral Citation: Sydney Advantage Investments Pty Ltd v Deep River Group Pty Ltd T/as Precise Planning [2018] NSWLEC 151 Hearing dates: 19 September 2018 Date of orders: 19 September 2018 Decision date: 21 September 2018 Jurisdiction: Class 4 Before: Moore J Decision: (1) Leave is granted pursuant to r 59.10(2) of the Uniform Civil Procedure Rules 2005 extending the time until 9 July 2018 for the Applicant to commence these proceedings; and (2) The Applicant is granted leave to rely upon the Amended Summons which was annexed to the Applicant's Notice of Motion. Catchwords: JUDICIAL REVIEW - application for extension of time to commence proceedings - arguable case established - adequate explanation for delay - balancing interests warrants granting extension - extension granted Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.59, 9.45 Land and Environment Court Act 1979, s 34(3) Conveyancing Act 1919, s 88K Cases Cited: Kirk v Industrial Relations Commission of New South Wales; Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales (Inspector Childs) (2010) 239 CLR 531; [2010] HCA 1 Mison v Randwick Municipal Council (1991) 23 NSWLR 734 Wingecarribee Shire Council v Uri Turgeman trading as Uri T Design [2018] NSWLEC 146 Category: Procedural and other rulings Parties: Sydney Advantage Investments Pty Ltd (Applicant) Deep River Group Pty Ltd T/as Precise Planning (First Respondent) Kevin Samuel Morris (Second Respondent) David Greene Properties Pty Ltd (Third Respondent) Phillip Leonard Turner and Leonie Patricia Turner (Fourth Respondent) Focopu Pty Ltd (Fifth Respondent) Wollondilly Shire Council (Sixth Respondent) Representation: Counsel: Mr P McEwen SC/Ms A Pearman, barrister (Applicant) Mr S Nash, barrister (First to Fifth Respondents) Submitting appearance (Sixth Respondent)