Boomerang & Blueys Residents Group Inc v New South Wales Minister for the Environment, Heritage and Local Government and MidCoast Council [2019] NSWLEC 201

Boomerang & Blueys Residents Group Inc v New South Wales Minister for the Environment, Heritage and Local Government and MidCoast Council [2019] NSWLEC 201

Leave to rely on the amended summons was granted because, after balancing the relevant r 59.10 factors, the applicant discharged its onus: although the judicial review period for the 2015 and 2016 decisions had expired years earlier, the delay was explicable and justified by Council raising the need to challenge...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
15 April 2019
Procedural Posture
Class 4 Judicial Review Proceedings / Notice of Motion Seeking Leave to Rely Upon Amended Summons and Extension of Time Under R 59.10 of the Uniform Civil Procedure Rules 2005 (nsw)
Outcome
Leave granted to the applicant to rely upon the amended summons.
Legal Topics
['extension of Time for Judicial Review' 'leave to Amend Summons' 'coastal Zone Management Plan' 'prejudice From Delay' 'fairly Arguable Case']
['administrative Law' 'judicial Review' 'environmental Law' 'civil Procedure'] ['extension of Time for Judicial Review' 'leave to Amend Summons' 'coastal Zone Management Plan' 'prejudice From Delay' 'fairly Arguable Case']

Source-derived case record

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Procedural Posture

Class 4 Judicial Review Proceedings / Notice of Motion Seeking Leave to Rely Upon Amended Summons and Extension of Time Under R 59.10 of the Uniform Civil Procedure Rules 2005 (nsw)

Legal Issues

  1. 1 ['Whether leave should be granted to amend the summons to challenge Council decisions made on or about 24 November 2015 and 22 August 2016.' 'Whether time should be extended under r 59.10 of the Uniform Civil Procedure Rules 2005 (NSW) for judicial review of those earlier decisions.' "Whether the applicant's delay, the arguability of the case, and possible prejudice to Council justified refusing leave."]

Ratio Decidendi

Leave to rely on the amended summons was granted because, after balancing the relevant r 59.10 factors, the applicant discharged its onus: although the judicial review period for the 2015 and 2016 decisions had expired years earlier, the delay was explicable and justified by Council raising the need to challenge antecedent decisions only in its 1 March 2019 submissions; the applicant had a fairly arguable case; and the prejudice to Council was not sufficient to outweigh granting leave, particularly where no new legal or factual material was sought to be advanced.

Court Disposition

Leave granted to the applicant to rely upon the amended summons.

Orders

  • ['Leave is granted to the applicant, Boomerang & Blueys Residents Group Inc, to rely upon the Amended Summons attached as Annexure "A" to the Notice of Motion filed 10 April 2019.']