Carson v Auburn Council [2000] NSWLEC 152

Carson v Auburn Council [2000] NSWLEC 152

The Court lacked jurisdiction to extend the statutory appeal period prescribed by Local Government Act 1993, s 180(3); therefore, the Notice of Motion was not competent and must be dismissed.

Parties
Applicant: Carson; Respondent: Auburn Council
Jurisdiction
Australia
Judgment Date
18 July 2000
Procedural Posture
Notice of Motion / Application for Leave to Appeal Out of Time
Outcome
Notice of Motion dismissed as incompetent and beyond the Court's jurisdiction.
Legal Topics
Leave to Appeal Out of Time, Extension of Time for Appeal, Competence of Court Jurisdiction
Practice & Procedure Leave to Appeal Out of Time Extension of Time for Appeal Competence of Court Jurisdiction

Case Brief

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Parties

Carson

Applicant

Auburn Council

Respondent

Procedural Posture

Notice of Motion / Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether the Court has power to extend time for appeal under Local Government Act 1993, s 180(3)
  2. 2 Application of Land and Environment Court Rules 1996, Pt 17 r 1 in light of statutory time limit

Ratio Decidendi

The Court lacked jurisdiction to extend the statutory appeal period prescribed by Local Government Act 1993, s 180(3); therefore, the Notice of Motion was not competent and must be dismissed.

Court Disposition

Notice of Motion dismissed as incompetent and beyond the Court's jurisdiction.

Orders

  • Notice of Motion dismissed.