Bankstown City Council v Ramahi

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Bankstown City Council v Ramahi [2015] NSWLEC 74 Hearing dates:23 April 2015Date of orders: 07 May 2015 Decision date: 07 May 2015 Jurisdiction:Class 4Before: 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...