Brokers Property Holdings Pty Ltd v MidCoast Council [2024] NSWLEC 122

Land and Environment Court New South Wales

Medium Neutral Citation: Brokers Property Holdings Pty Ltd v MidCoast Council [2024] NSWLEC 122 Hearing dates: 11 November 2024 Date of orders: 20 November 2024 Decision date: 20 November 2024 Jurisdiction: Class 6 Before: Robson J Decision: See orders at [26] Catchwords: PRACTICE AND PROCEDURE — Notice of motion to dismiss summons seeking appeal in Land and Environment Court which was filed out of time — Notice of motion granted APPEAL — Severity appeal against sentence in Local Court in relation to an environmental offence — Application for leave to appeal lodged more than three months after date of conviction — Whether Court has power to grant leave — Section 33(2) of the Crimes (Appeal and Review) Act 2001 (NSW) — No power to grant leave — Appeal dismissed Legislation Cited: Crimes (Appeal and Review) Act 2001, ss 31, 33, 34, 36 Environmental Planning and Assessment Act 1979 (NSW) Cases Cited: Carroll v Byron Shire Council [2019] NSWLEC 52 Cmunt, Jiri v New South Wales Commissioner of Police; Cmunt, Marie v New South Wales Commissioner of Police [2019] NSWCCA 177 Fletcher v Byron Shire Council [2010] NSWLEC 185 Hussain v Liverpool City Council [2014] NSWLEC 45 Thaler v Cooma Monaro Shire Council [2015] NSWLEC 119 Category: Principal judgment Parties: Brokers Property Holdings Pty Ltd (Respondent on motion) MidCoast Council (Applicant on motion) Representation: Counsel: N Kalantzis, self-represented (Respondent on motion) M Cottom, solicitor (Applicant on motion)