Bobolas v Waverley Council (No 3) [2019] NSWLEC 162

Land and Environment Court New South Wales

Medium Neutral Citation: Bobolas v Waverley Council (No 3) [2019] NSWLEC 162 Hearing dates: 24, 25 and 30 September and 3, 14 and 15 October 2019 Date of orders: 31 October 2019 Decision date: 31 October 2019 Jurisdiction: Class 2 Before: Moore J Decision: See orders at [73] Catchwords: ORDER APPEAL - Council issues emergency order to First Applicant - appeal filed against emergency order by First, Second and Third Applicants - Second and Third Applicants not proper parties to the appeal - Second and Third Applicants removed as parties to the appeal - question as to whether appeal was filed out of time and statute barred - dispute as to date of service of the emergency order - date of service dispute resolved in favour of the Council - time period between date of service and filing of appeal meant appeal was statute barred - no power to extend time for commencement of appeal - no lawful basis to consider merits of statute-barred appeal - appeal dismissed and costs reserved. Legislation Cited: Environmental Planning and Assessment Act 1979, s 9.35 and Sch 5, Pt 1 Order 5 Interpretation Act 1987, s 76 Land and Environment Court Act 1979, ss 38(2), 63(1) Land and Environment Court Rules 1979, r 7.7 Local Government Act 1993, ss 124 Order 21, 180(3), 710 and Dictionary Uniform Civil Procedure Rules 2005, r 6.24 Cases Cited: Bobolas v Waverley Council [2019] NSWLEC 148 Category: Principal judgment Parties: Mary Bobolas (First Applicant) Elena Bobolas (Second Applicant) Liana Bobolas (Third Applicant) Waverley Council (Respondent) Representation: Counsel: Ms E Bobolas in person and as agent for Ms M Bobolas (Applicant) Ms L Bobolas in person (Applicant) Mr R Lancaster SC/Ms J Reid, barrister (Respondent)