Breen and Anor v Georges River Council [2021] NSWLEC 36

Breen and Anor v Georges River Council [2021] NSWLEC 36

As both the January and February prevention notices have been revoked by the respondent, there is no longer any utility in the appeal and it must be dismissed; additionally, the appeal was commenced out of time and the Court has no power to extend the statutory timeframe for appeal under s 289(1) of the Protection of the Environment Operations Act 1997 (NSW).

Jurisdiction
Australia
Judgment Date
21 April 2021
Procedural Posture
Appeal (class 1) / Summary Dismissal Motion
Outcome
Appeal dismissed
Legal Topics
['prevention Notices' 'summary Dismissal' 'time Limits for Appeals' 'revocation/variation of Notices']
['environmental Law' 'civil Procedure'] ['prevention Notices' 'summary Dismissal' 'time Limits for Appeals' 'revocation/variation of Notices']

Case Brief

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Procedural Posture

Appeal (class 1) / Summary Dismissal Motion

Legal Issues

  1. 1 ['Whether the appeal was commenced within the 21-day statutory time limit under s 289 of the Protection of the Environment Operations Act 1997 (NSW)' 'Whether appeal proceedings are futile where the prevention notices the subject of appeal have been revoked' 'Whether the Court has power to extend the statutory timeframe for appeal under s 289 of the POEO Act' 'Whether the appeal disclosed a reasonable cause of action']

Ratio Decidendi

As both the January and February prevention notices have been revoked by the respondent, there is no longer any utility in the appeal and it must be dismissed; additionally, the appeal was commenced out of time and the Court has no power to extend the statutory timeframe for appeal under s 289(1) of the Protection of the Environment Operations Act 1997 (NSW).

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' 'Each party is to pay its own costs.']