Carroll v Byron Shire Council [2019] NSWLEC 52

Carroll v Byron Shire Council [2019] NSWLEC 52

The summons seeking leave to appeal was dismissed because the Appellant's application was brought nearly two years after the Local Court dismissal, long after both the 28 day period in s 31(2) and the absolute three month limit in s 33(2) of the Crimes (Appeal and Review) Act 2001 had expired, leaving the Court without jurisdiction or discretion to grant leave out of time.

Jurisdiction
Australia
Judgment Date
12 April 2019
Procedural Posture
Class 6 Application for Leave to Appeal Out of Time Against Severity of Sentence Imposed by Byron Local Court / Leave to Appeal Refused, With Costs
Outcome
Leave to appeal refused, with costs.
Legal Topics
['application for Leave to Appeal Out of Time' 'statutory Time Limits' 'penalty Infringement Notices' 'jurisdiction to Extend Time' 'costs of Dismissed Application']
['criminal Procedure' 'local Court Appeals' 'land and Environment Court Procedure' 'costs'] ['application for Leave to Appeal Out of Time' 'statutory Time Limits' 'penalty Infringement Notices' 'jurisdiction to Extend Time' 'costs of Dismissed Application']

Case Brief

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Procedural Posture

Class 6 Application for Leave to Appeal Out of Time Against Severity of Sentence Imposed by Byron Local Court / Leave to Appeal Refused, With Costs

Legal Issues

  1. 1 ['Whether the Court had power to grant leave to appeal out of time nearly two years after the Local Court orders.' 'Whether s 33 of the Crimes (Appeal and Review) Act 2001 imposed an absolute three month limit on seeking leave to appeal.' 'Whether Fletcher v Byron Shire Council (No 2) [2010] NSWLEC 226 assisted the Appellant despite later decisions in Hussain and Thaler.' "Whether the Appellant should pay the Council's costs of the application."]

Ratio Decidendi

The summons seeking leave to appeal was dismissed because the Appellant's application was brought nearly two years after the Local Court dismissal, long after both the 28 day period in s 31(2) and the absolute three month limit in s 33(2) of the Crimes (Appeal and Review) Act 2001 had expired, leaving the Court without jurisdiction or discretion to grant leave out of time.

Court Disposition

Leave to appeal refused, with costs.

Orders

  • ['The summons seeking leave to appeal is dismissed.' "The Appellant is ordered pay the Council's costs in the sum of $1900, subject to the Appellant having liberty to seek within 14 days to have those costs assessed according to law."]