Gosford City Council v Tauszik [2005] NSWLEC 493

Gosford City Council v Tauszik [2005] NSWLEC 493

The Land and Environment Court retains jurisdiction to extend or suspend the time for compliance with its orders, including non-monetary remediation orders, both before and after expiry of the relevant time, due to the operation of Pt 2 r 3 of the Supreme Court Rules and Pt 1 r 8 of the Land and Environment Court Rules, and is not functus officio in such circumstances.

Jurisdiction
Australia
Judgment Date
17 May 2005
Procedural Posture
Class 5 Summary Criminal Proceedings / Application for Stay of Orders Pending Appeal
Outcome
Application granted—extension of time for compliance with Orders.
Legal Topics
['remediation Orders' 'practice and Procedure' 'extension of Time for Compliance With Orders' 'stay of Execution' 'functus Officio' 'jurisdiction of Court']
['environmental Law' 'criminal Procedure'] ['remediation Orders' 'practice and Procedure' 'extension of Time for Compliance With Orders' 'stay of Execution' 'functus Officio' 'jurisdiction of Court']

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Procedural Posture

Class 5 Summary Criminal Proceedings / Application for Stay of Orders Pending Appeal

Legal Issues

  1. 1 ['Does the Land and Environment Court have jurisdiction to grant a stay or extension of time for compliance with remediation and penalty orders, pending a criminal appeal?' 'Does the functus officio doctrine preclude the Court from staying or extending orders after they are entered?' 'Do rules of the Supreme Court and Land and Environment Court Rules invest the Court with this power regarding non-monetary orders?']

Ratio Decidendi

The Land and Environment Court retains jurisdiction to extend or suspend the time for compliance with its orders, including non-monetary remediation orders, both before and after expiry of the relevant time, due to the operation of Pt 2 r 3 of the Supreme Court Rules and Pt 1 r 8 of the Land and Environment Court Rules, and is not functus officio in such circumstances.

Court Disposition

Application granted—extension of time for compliance with Orders.

Orders

  • ['Conditional upon the defendant diligently prosecuting his appeal, time for compliance with the Orders and Further Orders made on 22 April 2005 is extended until 30 days after the abandonment of the appeal or after determination by the Court of Criminal Appeal.' 'Liberty to either party to apply.']