WYKANAK v ROCKDALE CITY COUNCIL & ORS [1999] NSWCA 65

WYKANAK v ROCKDALE CITY COUNCIL & ORS [1999] NSWCA 65

Although the proceeding had a public interest character, the appreciable delay, the history of the proceedings, steps and expenditure in implementing consents after the local environmental plan was made, and the slim prospects of success on the proposed appeal outweighed factors favouring an extension. Time to appeal the judgment of 20 July 1998 was therefore refused, and the related injunction motions fell away. Costs followed the event.

Jurisdiction
Australia
Judgment Date
01 March 1999
Procedural Posture
Application for Extension of Time to Appeal From a Land and Environment Court Decision Concerning a Draft Local Environmental Plan, With Related Motions for Leave to Appeal Costs and Injunctions / Court of Appeal Single Judge Notice of Motion
Outcome
Notice of motion for extension of time to appeal dismissed with costs; costs leave application referred to the Registrar; injunction motions dismissed with costs.
Legal Topics
['draft Local Environmental Plan' 'reclassification of Community Land to Operational Land' 'extension of Time to Appeal' 'leave to Appeal Costs Order' 'injunctions' 'public Interest Litigation' 'security for Costs']
['environmental Planning Law' 'administrative Law' 'appellate Procedure' 'costs'] ['draft Local Environmental Plan' 'reclassification of Community Land to Operational Land' 'extension of Time to Appeal' 'leave to Appeal Costs Order' 'injunctions' 'public Interest Litigation' 'security for Costs']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal From a Land and Environment Court Decision Concerning a Draft Local Environmental Plan, With Related Motions for Leave to Appeal Costs and Injunctions / Court of Appeal Single Judge Notice of Motion

Legal Issues

  1. 1 ['Whether time should be extended to appeal the judgment of Pearlman J of 20 July 1998.' 'Whether a single Judge of Appeal could entertain an application for leave to appeal against a costs order.' 'Whether motions seeking injunctions against the Council dealing with s.96 modification applications and against the developer proceeding with the development should be dismissed after refusal of the extension of time.' 'Whether costs should be ordered against the unsuccessful claimant despite the public interest character of the litigation and his unrepresented status.']

Ratio Decidendi

Although the proceeding had a public interest character, the appreciable delay, the history of the proceedings, steps and expenditure in implementing consents after the local environmental plan was made, and the slim prospects of success on the proposed appeal outweighed factors favouring an extension. Time to appeal the judgment of 20 July 1998 was therefore refused, and the related injunction motions fell away. Costs followed the event.

Court Disposition

Notice of motion for extension of time to appeal dismissed with costs; costs leave application referred to the Registrar; injunction motions dismissed with costs.

Orders

  • ['The notice of motion seeking extension of time to appeal the judgment of Pearlman J of 20 July 1998 is dismissed.' 'The application concerning leave to appeal the costs order is referred back to the Registrar of the Court of Appeal for listing if the claimant wishes to proceed.' 'The notices of motion seeking...