Planning and Development Act 2024
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Procedure for commencing Part 9 judicial review | ||
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280. (1) Part 9 judicial review shall be commenced by making an application to the High Court by originating notice of motion in accordance with the applicable Rules of the Superior Courts. | ||
(2) No later than the day on which Part 9 judicial review proceedings are issued, the party making the application under subsection (1) shall notify each of the following that it intends to apply for Part 9 judicial review: | ||
(a) the relevant body that the decision, act or alleged failure of which the Part 9 judicial review relates; | ||
(b) any other party that the party intends to name as respondent in the application; | ||
(c) each notice party. | ||
(3) The application referred to in subsection (1) shall not be accepted by the High Court unless— | ||
(a) the motion is grounded upon a statement in accordance with the applicable Rules of the Superior Courts, | ||
(b) the applicant has complied with subsection (2), | ||
(c) the motion is accompanied by an affidavit, prepared in accordance with the applicable Rules of the Superior Courts, that— | ||
(i) is sworn by or on behalf of the applicant which verifies all of the facts relied upon in the statement referred to in paragraph (a), | ||
(ii) exhibits a copy of each of the required notifications referred to in subsection (2), and | ||
(iii) where subsection (4) of section 286 applies to the applicant, complies with that subsection, | ||
and | ||
(d) it is made within the period— | ||
(i) referred to in subsection (1) of section 281 , or | ||
(ii) ordered under subsection (2) of that section. | ||
(4) Leave of the High Court shall not be required in order to make an application for judicial review under this Part. | ||
(5) A reference in this Part to the date on which Part 9 judicial review proceedings are commenced shall be read as the date on which a notice of motion is issued from the High Court in respect of an application under this section. |