Tasbulk Pty Ltd v Royal Wolf Trading Australia Pty Ltd

[2012] TASSC 87

Supreme Court of Tasmania

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Interrogate

Catchwords

1. Environment and Planning
2. › Tribunals with environment jurisdiction
3. › Tasmania
4. › Resource Management and Planning Appeal Tribunal
5. › Right of appeal
6. › Time for lodging appeal
7. › Whether notice served on date of posting or date of receipt
8. › Land Use Planning and Approvals Act 1993 (Tas), ss 61, 84
1. Statutory Interpretation
2. › Service of notices
3. › Service by post
4. › Whether statutory service provision determines time of service
5. › Whether act of posting completes service
6. › Whether Acts Interpretation Act deeming provision excluded
7. › Land Use Planning and Approvals Act 1993 (Tas), s 84
8. › Acts Interpretation Act 1931 (Tas), ss 29, 30

Quick Take

When a notice is served by post under s84 of the Land Use Planning and Approvals Act 1993 (Tas), service is effected on the date of posting, not the date of receipt. The 14-day appeal period under s61(5) runs from the date of posting. Section 30 of the Acts Interpretation Act 1931 (Tas) does not apply to modify this position.

Case Details

Citation[2012] TASSC 87

CourtTASSC

JurisdictionTasmania

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2026Perpetual Limited v RingroseTASSC 19

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