Sydney Advantage Investments Pty Ltd v Deep River Group Pty Ltd T/as Precise Planning [2018] NSWLEC 151

Sydney Advantage Investments Pty Ltd v Deep River Group Pty Ltd T/as Precise Planning [2018] NSWLEC 151

The Court exercised its discretion to extend the time for commencement of proceedings pursuant to r 59.10(2) UCPR, on the basis that the applicant demonstrated a reasonably arguable case regarding the certainty of development consent conditions, provided an adequate explanation for the delay (having only become aware of the relevant facts in early 2018 and making efforts to resolve matters before commencing litigation), and that, on the balance of prejudices, the interests of the applicant justified the extension sought.

Jurisdiction
Australia
Judgment Date
21 September 2018
Procedural Posture
Judicial Review / Interlocutory Application for Extension of Time to Commence Proceedings
Outcome
Extension of time granted; leave to rely upon Amended Summons granted.
Legal Topics
['extension of Time' 'certainty of Development Consent Conditions' 'judicial Review' 'planning Approval' 'stormwater Management']
['administrative Law' 'planning and Environment Law' 'civil Procedure'] ['extension of Time' 'certainty of Development Consent Conditions' 'judicial Review' 'planning Approval' 'stormwater Management']

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Procedural Posture

Judicial Review / Interlocutory Application for Extension of Time to Commence Proceedings

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time under r 59.10(2) of the Uniform Civil Procedure Rules 2005 to commence proceedings challenging the validity of a development consent' 'Whether the applicant has a fairly arguable case regarding the certainty of development consent conditions' 'Whether delay in commencing proceedings was adequately explained' 'Whether prejudice to the respondent outweighs the interests of the applicant']

Ratio Decidendi

The Court exercised its discretion to extend the time for commencement of proceedings pursuant to r 59.10(2) UCPR, on the basis that the applicant demonstrated a reasonably arguable case regarding the certainty of development consent conditions, provided an adequate explanation for the delay (having only become aware of the relevant facts in early 2018 and making efforts to resolve matters before commencing litigation), and that, on the balance of prejudices, the interests of the applicant justified the extension sought.

Court Disposition

Extension of time granted; leave to rely upon Amended Summons granted.

Orders

  • ['Leave is granted pursuant to r 59.10(2) of the Uniform Civil Procedure Rules 2005 extending the time until 9 July 2018 for the Applicant to commence these proceedings.' "The Applicant is granted leave to rely upon the Amended Summons which was annexed to the Applicant's Notice of Motion."]