KC NOMINEES PTY LTD and CITY OF ARMADALE

The case before the court involved KC Nominees Pty Ltd, who sought an extension of time to commence an application for review of a decision made by the City of Armadale under the Town Planning and Development Act 1928 (WA), section 10. The City of Armadale had given notice of the right to seek review but did not provide notice of the 28-day period within which the review must be sought. The court was required to determine whether the "notice" of a right to review also included the requirement to provide notice of the specific time frame within which the review must be sought. Additionally, the court needed to decide whether KC Nominees had established an arguable case for the extension of time.

The court examined the statutory provisions and relevant case law to understand the scope of the notice requirement. It found that the notice provided by the City of Armadale was sufficient to inform KC Nominees of their right to seek review, but it did not include the necessary information about the time frame for commencing the review. The court noted that the failure to provide the time frame did not necessarily invalidate the notice, as the primary purpose was to inform about the right to review. However, the court also considered whether KC Nominees had demonstrated an arguable case for the extension of time. After reviewing the evidence and arguments presented, the court concluded that KC Nominees had not established an arguable case for the extension of time.

As a result, the court dismissed the application for an extension of time. The application under rule 10 of the State Administrative Tribunal Rules 2004 (WA) to extend the time for the making of an application for review of the City of Armadale's decision to give a direction to KC Nominees dated 8 August 2005 was dismissed. This decision highlights the importance of providing complete and accurate information in notices concerning the right to seek review, as well as the need for applicants to establish an arguable case when seeking extensions of time.