Agius v Forrester [2008] NSWLEC 256

Agius v Forrester [2008] NSWLEC 256

An extension of time to file an appeal is not warranted because the new circumstance raised by the applicant does not constitute a question of law arising from the Commissioner's decision; instead, the appropriate procedure is to file a new tree application based on the new facts.

Jurisdiction
Australia
Judgment Date
21 August 2008
Procedural Posture
Application for Extension of Time to Appeal / Ex Tempore Judgment on Application for Extension of Time
Outcome
application for extension of time dismissed
Legal Topics
['appeals' 'tree Disputes' 'extension of Time' 'questions of Law']
['environmental Law' 'civil Procedure'] ['appeals' 'tree Disputes' 'extension of Time' 'questions of Law']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal / Ex Tempore Judgment on Application for Extension of Time

Legal Issues

  1. 1 ["Whether an extension of time to appeal should be granted where new facts (a subsequent branch fall) have arisen after the Commissioner's dismissal of the original tree application."]

Ratio Decidendi

An extension of time to file an appeal is not warranted because the new circumstance raised by the applicant does not constitute a question of law arising from the Commissioner's decision; instead, the appropriate procedure is to file a new tree application based on the new facts.

Court Disposition

application for extension of time dismissed

Orders

  • ['Application for extension of time to file a notice of appeal is refused.']