EUI Pty Limited v Singleton Council [2008] NSWLEC 178

EUI Pty Limited v Singleton Council [2008] NSWLEC 178

The Court found good reason to exercise its discretion to extend the time for filing the appeal, given the circumstances of waiting for catchment management authority approval and absence of prejudice to the Respondent, in the interests of justice.

Jurisdiction
Australia
Judgment Date
21 May 2008
Procedural Posture
Section 96 Application – Extension of Time for Filing Appeal / Interlocutory Application for Extension of Time
Outcome
Extension of time granted for filing the appeal
Legal Topics
['extension of Time to File Appeal' 'section 96 of Environmental Planning and Assessment Act 1979' 'discretionary Factors for Extension of Time' 'principles for Extension of Time Applications']
['planning and Environment Law'] ['extension of Time to File Appeal' 'section 96 of Environmental Planning and Assessment Act 1979' 'discretionary Factors for Extension of Time' 'principles for Extension of Time Applications']

Case Brief

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Procedural Posture

Section 96 Application – Extension of Time for Filing Appeal / Interlocutory Application for Extension of Time

Legal Issues

  1. 1 ['Whether the time for bringing an appeal under s.96(6) of the Environmental Planning & Assessment Act 1979 should be extended']

Ratio Decidendi

The Court found good reason to exercise its discretion to extend the time for filing the appeal, given the circumstances of waiting for catchment management authority approval and absence of prejudice to the Respondent, in the interests of justice.

Court Disposition

Extension of time granted for filing the appeal

Orders

  • ['Order extending the time for filing of the appeal to 14 April 2008']