Judicial Review - Commencing appeal following expiry of appeal period - Applicable principles

Wingecarribee Shire Council v Uri Turgeman [2018] NSWLEC 146.

In this case, the NSW Land and Environment Court upheld an application by the applicant Council to extend the normal 3 month appeal period for commencing judicial review proceedings imposed under Rule 59.10(1) of the UCPR.

In so doing, the Court exercised the discretion to extend the appeal period conferred on it by Rule 59.10(2). This case provides a useful summary of the key principles that will be considered by a Court when determining how to exercise this discretion.

In so doing, the Court has provided a useful overview of the approach it will take to analysing each of the following 4 preconditions prescribed under s 88K which must be satisfied before an easement will be granted: