Bobolas v Waverley Council (No 3) [2019] NSWLEC 162

Bobolas v Waverley Council (No 3) [2019] NSWLEC 162

The appeal was statute-barred, as the emergency order was served by both valid methods under the Local Government Act and the appeal was filed outside the prescribed 28-day period; there is no power to extend time for filing such appeals; Second and Third Applicants were not proper parties and were removed.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
31 October 2019
Procedural Posture
Order Appeal / Final Determination at First Instance
Outcome
Appeal dismissed as statute-barred; Second and Third Applicants removed as parties; costs reserved.
Legal Topics
['appeal Against Council Emergency Order' 'statute Barred Appeals' 'service Requirements' 'standing as Party']
['local Government Law' 'administrative Law'] ['appeal Against Council Emergency Order' 'statute Barred Appeals' 'service Requirements' 'standing as Party']

Source-derived case record

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Procedural Posture

Order Appeal / Final Determination at First Instance

Legal Issues

  1. 1 ['Whether the appeal against the emergency order was statute-barred' 'Whether service of the emergency order was effected in accordance with statutory requirements' 'Whether there is power to extend time for filing appeal' 'Whether the order was void for uncertainty' 'Whether Second and Third Applicants were proper parties to the appeal']

Ratio Decidendi

The appeal was statute-barred, as the emergency order was served by both valid methods under the Local Government Act and the appeal was filed outside the prescribed 28-day period; there is no power to extend time for filing such appeals; Second and Third Applicants were not proper parties and were removed.

Court Disposition

Appeal dismissed as statute-barred; Second and Third Applicants removed as parties; costs reserved.

Orders

  • ['Pursuant to s 64(1)(a) of the Civil Procedure Act 2005, the Second Applicant (Elena Bobolas) and the Third Applicant (Liana Bobolas) are removed as applicants to this appeal.' 'The appeal against the emergency order issued on 20 March 2019 to the First Applicant (Mary Bobolas) is dismissed.' 'Costs are reserved.'...