[2009] VCAT 278
General information, not legal advice.
Victorian Civil and Administrative Tribunal
2009-02-24
Original judgment source is linked above.
O'Leary v Maribyrnong CC [2009] VCAT 278
[1] Pursuant to section 82 of the Planning and Environment Act 1987
[2] An objector has 21 days from the time when the responsible authority gave notice to the objector under section 64 of the Act within which to lodge an application for review under section 82 of the Act. The Tribunal allows two business days from the date when notice was sent to allow for service. The 21 days period is then calculated from the second business day after the notice was sent. In the present case, the 21 days expired on 26 December 2008. However, because this was a public holiday (Boxing Day), pursuant to section 44(3) of the Interpretation of Legislation Act 1984 where a time limit expires on a day that is a holiday, the time limit is extended to the day following that is not a holiday. That was Monday 29 December 2008.
O'Leary
Maribyrnong CC [2009] VCAT 278