Jeray v Blue Mountains City Council and 2 Ors

Jeray (the applicant) sought an extension of time to file a notice of appeal against orders made by Lloyd J in the Land and Environment Court on 16 July 2009, which dismissed the applicant's proceedings against Blue Mountains City Council and two other respondents.

The primary legal issue before the Court of Appeal was whether to grant the applicant an extension of time to appeal. A secondary issue, which the Court considered in determining the primary issue, was the potential ground of appeal, specifically whether the dismissal of the proceedings by Lloyd J denied the applicant procedural fairness.

The Court of Appeal, comprising Handley AJA and Sackville AJA, considered the principles governing extensions of time for appeals, including the applicant's prospects of success. The Court noted that the applicant's proposed ground of appeal, concerning procedural fairness, had some merit. Consequently, the Court decided to grant a limited extension of time for the filing of the notice of appeal, restricting the appeal to the single ground of procedural fairness and limiting the relief sought to that which would be appropriate if that ground were made out. The costs of the application for an extension of time were made costs in the cause.