NSW Caselaw
Land and Environment Court of New South Wales CITATION: Eslarn Holdings Pty Ltd - v- Tumut Shire Council (No 3) [1999] NSWLEC 163
PARTIES APPELLANT: Eslarn Holdings Pty Ltd
RESPONDENT: Tumut Shire Council
NUMBER: 60001 of 1997
CORAM: Lloyd J
KEY ISSUES: Costs :- appeal from magistrate - whether costs should follow the event.
LEGISLATION CITED: Justices Act 1902 s 125(3)
DATES OF HEARING: 05/28/1999
EX TEMPORE JUDGMENT DATE: 05/28/1999
Appellant:: A E Galasso (barrister) Solicitors: David Fletcher & Associates LEGAL REPRESENTATIVES: Respondent: G R Graham (barrister) Solicitors: Stacy & Nyman
JUDGMENT: IN THE LAND AND Matter No: 60001 of 1997 ENVIRONMENT COURT Coram: Lloyd J OF NEW SOUTH WALES Decision date: 28/05/99
ESLARN HOLDINGS PTY LTD Appellant
v
TUMUT SHIRE COUNCIL Respondent
JUDGMENT
HIS HONOUR:
1. On 20 October 1998 I upheld an appeal under the Justices Act 1902, s 131AE, against the conviction of the appellant by a magistrate of the offence of pollute waters contrary to the Clean Waters Act 1970, s 16(1). The appeal was governed by the Justices Act 1902, Pt 5 Div 4 and was a rehearing.
2. In allowing the appeal I quashed the conviction and set aside the orders of the magistrate by which he imposed a fine, court costs, professional costs and witness' expenses.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate