Calkovics v The Minister for Local Government & Planning & Anor [1988] NSWLEC 16

Calkovics v The Minister for Local Government & Planning & Anor [1988] NSWLEC 16

The substitution of Calkovics as applicant does not render the challenge statute barred; proceedings commenced within statutory time limit suffice for compliance, and s.35 does not preclude challenge based on breach of mandatory requirements and rules of natural justice.

Jurisdiction
Australia
Judgment Date
22 September 1988
Procedural Posture
Application for Declaration of Invalidity / Post Hearing, Judgment on Notice of Motion, and Substantive Application
Outcome
Notice of Motion dismissed with costs
Legal Topics
['environmental Planning Instruments' 'procedural Substitution of Parties' 'challenges to Local Environmental Plans' 'time Limits for Legal Proceedings']
['planning and Environment Law'] ['environmental Planning Instruments' 'procedural Substitution of Parties' 'challenges to Local Environmental Plans' 'time Limits for Legal Proceedings']

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Procedural Posture

Application for Declaration of Invalidity / Post Hearing, Judgment on Notice of Motion, and Substantive Application

Legal Issues

  1. 1 ['Whether s.35 of the Environmental Planning and Assessment Act precludes challenge to validity of LEP due to substitution of applicant after statutory time limit' 'Whether substitution of applicant for proceedings affects commencement date under Supreme Court Rules' 'Scope of permissible challenges to validity of environmental planning instruments beyond statutory time limit']

Ratio Decidendi

The substitution of Calkovics as applicant does not render the challenge statute barred; proceedings commenced within statutory time limit suffice for compliance, and s.35 does not preclude challenge based on breach of mandatory requirements and rules of natural justice.

Court Disposition

Notice of Motion dismissed with costs

Orders

  • ['Declaration of invalidity of Queanbeyan Local Environmental Plan No. 54' 'Dismissal of Notice of Motion with costs']