This case concerned the application of counting rules, in particular s 44(3) of the Interpretation of Legislation Act 1984. That section provides that where the time limited by an Act for the doing of any act or thing falls on a day that is a holiday (including a Saturday or Sunday) – the act or thing may be done on the next day that is not a holiday. The relevant act in this case was the exercise by the Minister for Planning of a “call in” power under the VCAT Act. The VCAT Act provided that a call-in notice “is of no effect unless it is given … no later than 7 days before the day fixed for hearing of the proceeding”. The relevant hearing was fixed for Monday 30 July 2018. The Minister provided the call-in notice on Monday 23 July 2018. The Minister and Waterfront Place accepted that the 7 day period expired on Sunday 22 July. However, Waterfront Place sought leave to appeal from the decision of Justice Garde at first instance that s 44(3) applied to extend the time to provide the notice, such that the giving of the call-in notice on Monday 23 July was effective. The central question for consideration was whether there existed a contrary intention so as to displace the operation of s 44(3). The Court of Appeal held that there was no indication of an intention to displace the application of the extension rule, and unanimously dismissed the application for leave to appeal.
