Byron Shire Council v Ardill Payne & Partners [2019] NSWLEC 153

Land and Environment Court New South Wales

Medium Neutral Citation: Byron Shire Council v Ardill Payne & Partners [2019] NSWLEC 153 Hearing dates: 9 October 2019 Date of orders: 29 October 2019 Decision date: 29 October 2019 Jurisdiction: Class 1 Before: Duggan J Decision: See paragraph 14 Catchwords: ENVIRONMENT AND PLANNING - Land and Environment Court - practice and procedure - extension of time for appeal - UCPR 50.3 - exercise of discretion - leave granted Legislation Cited: Land and Environment Court Act 1979 Uniform Civil Procedure Rules Cases Cited: Jackamarra v Krakouer (1998) 195 CLR 516 Northern Beaches Council v Tolucy Pty Ltd [2019] NSWLEC 151 Category: Procedural and other rulings Parties: Byron Shire Council (Applicant) Ardill Payne & Partners (Respondent) Representation: Counsel: Mr M Dalla-Pozza Mr M Young (solicitor)

Solicitors: HWL Ebsworth Lawyers McCartney Young Lawyers File Number(s): 2019/267067 Publication restriction: No

Judgment

Background 1. On 27 August 2019, the Appellant (the Council) commenced, by Summons, an appeal pursuant to s 56A of the Land and Environment Court Act 1979 (LEC Act). By Notice of Motion filed on 19 September 2019 (the Notice of Motion) the Council seeks an order that: Pursuant to Rule 7.3 of the Land and Environment Court Rules, 2007, the time for commencement of this Appeal be extended to 28 August, 2019. 1. The Respondent indicated that it neither consented nor opposed the order sought in the Notice of Motion and did not rely on any evidence or assert any prejudice in the event that the order was made.