Daly v Mosman Municipal Council [2024] NSWLEC 107

Daly v Mosman Municipal Council [2024] NSWLEC 107

The interests of justice and efficient case management require that the application for extension of time and the substantive relief be heard together, to enable all relevant matters to be considered concurrently after the Council responds and the applicant considers further material.

Parties
Applicant: Jacqueline Daly; Respondent: Mosman Municipal Council
Jurisdiction
Australia
Judgment Date
13 September 2024
Procedural Posture
Judicial Review / Interlocutory Motion (extension of Time and Directions)
Outcome
Directions only – extension of time and substantive relief to be heard together; costs reserved
Legal Topics
Extension of Time, Judicial Review, Development Consent Conditions, Public Interest, Costs
Civil Procedure Planning Law Extension of Time Judicial Review Development Consent Conditions Public Interest Costs

Case Brief

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Parties

Jacqueline Daly

Applicant

Mosman Municipal Council

Respondent

Procedural Posture

Judicial Review / Interlocutory Motion (extension of Time and Directions)

Legal Issues

  1. 1 Whether time for commencement of judicial review proceedings should be extended under r 59.10(2) of the Uniform Civil Procedure Rules 2005 (NSW)
  2. 2 Whether condition 75(iv) of development consent 8.2014.86.1 is ultra vires, invalid or serves no planning purpose
  3. 3 Whether the proceedings were brought in the public interest for costs purposes

Ratio Decidendi

The interests of justice and efficient case management require that the application for extension of time and the substantive relief be heard together, to enable all relevant matters to be considered concurrently after the Council responds and the applicant considers further material.

Court Disposition

Directions only – extension of time and substantive relief to be heard together; costs reserved

Orders

  • The request for extension of time and the relief sought in the amended summons to be heard together.
  • Council to file and serve response, further evidence and summary outline (not exceeding 10 pages) by 4 October 2024.