Luy Tien Le v Rockdale Council [2007] NSWDC 187

New South Wales District Court

CITATION: Luy Tien Le v Rockdale Council [2007] NSWDC 187

HEARING DATE(S): 19th July 2007

JUDGMENT DATE: 19 July 2007

EX TEMPORE JUDGMENT DATE : 15 October 2007

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: Conviction Appeal upheld; Conviction quashed. Penalty and cost orders quashed.

CATCHWORDS: Criminal Law - Appeal from Local Court - environment protection notice - notice sent to owner of property c/- occupier - notice vests rights in person served - failure to comply with order given by council - Court Attendance Notice served on occupier - occupier not vested with any rights pursuant to notice - failure to establish occupier and owner one and same person - Court Attendance Notice alleges Appellant person served - no power to amend Court Attendance Notice in respect of party to proceedings.

LEGISLATION CITED: s. 124; s628(1) Local Government Act 1993

PARTIES: Luy Tien Le (Appellant) Rockdale Council (Respondent)

FILE NUMBER(S): 07/12/0102

SOLICITORS: Appellant: Sefl represented Respondent: Mr Bright

JUDGMENT 1 On 20 October 2006 the Local Court at Sutherland, presided over by Magistrate Maugham, purported to hear an allegation against the current appellant in respect of a failure to comply with an order made by the Rockdale Council upon him on 24 October 2005. The order was purportedly made pursuant to s 124 of the Local Government Act 1993. That section provides that: "A council may order a person to do or refrain from doing a thing specified in Column 1 of the following Table if the circumstances specified opposite it in Column 2 of the Table exist and the person comes within the description opposite it in Column 3 of the Table." (emphasis supplied)