NSW Caselaw
Land and Environment Court of New South Wales CITATION: Byron Shire Council v Vigden C J & Donna's Beach Pty Limited [1999] NSWLEC 106
PARTIES PROSECUTOR Byron Shire Council
DEFENDANT Vigden C J & Donna's Beach Pty Limited
NUMBER: 50148-9 & 50150-1 of 1998
CORAM: Cowdroy AJ
KEY ISSUES: Environmental Offences :- Prosecution - ex parte application to judge in chambers for Class Five Order - no affidavit in support of summons - waiver of Rules - Judge granting order - failure to serve any affidavits with summons before nominated return day - whether summons a nullity.
Environmental Planning and Assessment Act 1979, s125(1), s41(1) LEGISLATION CITED: Land and Environment Court Act 1979, s68(2)(b) Land and Environment Court Rules 1996, Pt 1 Rule 5(2),Pt 6 Rule 2(1) & (2), Pt 15 Rule 9 Supreme Court Rules 1970, Pt 75 Rule 9(2), Pt 75 Rule 11
DATES OF HEARING: 04/30/1999
DATE OF JUDGMENT DELIVERY: 05/07/1999
PROSECUTOR William R Davison SC
SOLICITORS Wroth Wall
LEGAL REPRESENTATIVES: DEFENDANT Mr John J Webster
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