Brokers Property Holdings Pty Ltd v MidCoast Council [2024] NSWLEC 122

Brokers Property Holdings Pty Ltd v MidCoast Council [2024] NSWLEC 122

As the application for leave to appeal was not filed within three months after the Local Court decision on 13 May 2024, s 33(2) of the Crimes (Appeal and Review) Act 2001 (NSW) denied the Land and Environment Court jurisdiction to consider a late appeal, and the proceedings must be dismissed as out of time.

Parties
Respondent on Motion: Brokers Property Holdings Pty Ltd; Applicant on Motion: MidCoast Council
Jurisdiction
Australia
Judgment Date
20 November 2024
Procedural Posture
Appeal (severity Appeal) / Notice of Motion to Dismiss Appeal Filed Out of Time
Outcome
Summons dismissed for want of jurisdiction as being filed out of time; costs awarded to applicant.
Legal Topics
Appeals, Jurisdiction, Time Limits for Appeal, Notice of Motion to Dismiss, Costs
Criminal Law Environmental Law Practice and Procedure Appeals Jurisdiction Time Limits for Appeal Notice of Motion to Dismiss Costs

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Parties

Brokers Property Holdings Pty Ltd

Respondent on Motion

MidCoast Council

Applicant on Motion

Procedural Posture

Appeal (severity Appeal) / Notice of Motion to Dismiss Appeal Filed Out of Time

Legal Issues

  1. 1 Whether the Land and Environment Court has power to grant leave to appeal where application is lodged more than three months after conviction under s 33(2) Crimes (Appeal and Review) Act 2001 (NSW)
  2. 2 Whether appeal should be dismissed as out of time

Ratio Decidendi

As the application for leave to appeal was not filed within three months after the Local Court decision on 13 May 2024, s 33(2) of the Crimes (Appeal and Review) Act 2001 (NSW) denied the Land and Environment Court jurisdiction to consider a late appeal, and the proceedings must be dismissed as out of time.

Court Disposition

Summons dismissed for want of jurisdiction as being filed out of time; costs awarded to applicant.

Orders

  • Summons filed by Brokers Property Holdings Pty Ltd on 15 August 2024 seeking leave to appeal a decision of the Local Court is dismissed.
  • Brokers Property Holdings Pty Ltd is to pay MidCoast Council's costs of these proceedings, as agreed or assessed, with such costs to be paid within 28 days after agreement or assessment.