Supre Pty Ltd v Marrickville Municipal Council [1989] NSWLEC 223

Supre Pty Ltd v Marrickville Municipal Council [1989] NSWLEC 223

Leave was granted to amend the originating process to include an appeal against the determination contained in the letter of 6 September 1988, which was within the prescribed appeal period. The Respondent’s Motion to strike out failed, as it did not demonstrate the proceedings were bound to fail, and the amendment was allowed in the interests of justice.

Jurisdiction
Australia
Judgment Date
11 August 1989
Procedural Posture
Class 1 Application / Notice of Motion to Strike Out Proceedings
Outcome
Respondent's Motion to strike out dismissed; Applicant granted leave to amend application; costs awarded to Applicant.
Legal Topics
['development Application Appeal' 'jurisdictional Time Limits' 'amendment of Application' 'deemed Refusal']
['planning and Environment'] ['development Application Appeal' 'jurisdictional Time Limits' 'amendment of Application' 'deemed Refusal']

Case Brief

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Procedural Posture

Class 1 Application / Notice of Motion to Strike Out Proceedings

Legal Issues

  1. 1 ['Whether the appeal was filed within time prescribed by ss.96 and 97(1) of the Environmental Planning and Assessment Act 1979' 'Whether amendments to development application reset operation of s.96(1)' 'Whether Respondent’s letter dated 6th September, 1988 constituted a valid determination for appeal purposes']

Ratio Decidendi

Leave was granted to amend the originating process to include an appeal against the determination contained in the letter of 6 September 1988, which was within the prescribed appeal period. The Respondent’s Motion to strike out failed, as it did not demonstrate the proceedings were bound to fail, and the amendment was allowed in the interests of justice.

Court Disposition

Respondent's Motion to strike out dismissed; Applicant granted leave to amend application; costs awarded to Applicant.

Orders

  • ["Order Respondent to pay Applicant's costs of the Notice of Motion limited to costs incurred after 26th July, 1989"]