Minister administering the Ports Corporatisation and Waterways Management Act 1995 v Hakim (No 3) [2005] NSWLEC 328

Land and Environment Court of New South Wales

CITATION : Minister administering the Ports Corporatisation and Waterways Management Act 1995 v Hakim (No 3) [2005] NSWLEC 328

Minister administering the Ports Corporatisation and Waterways Management Act 1995 PARTIES : Mick Bechara Hakim

FILE NUMBER(S) : 50057 of 2004; 50058 of 2004

CORAM: Cowdroy J

KEY ISSUES: Practice and Procedure :- application for no case to answer - alleged breach of stop work order - whether stop work order complied with statutory requirements

Interpretation Act 1987 ss 8(b), 33 LEGISLATION CITED: Rivers and Foreshores Improvement Act 1948 ss 22B, 22D

CASES CITED: Project Blue Sky Incorporated & Ors v Australian Broadcasting Authority (1998) 194 CLR 355

DATES OF HEARING: 04/02/2005

DATE OF JUDGMENT: 02/07/2005

EX TEMPORE JUDGMENT DATE : 02/07/2005

PROSECUTOR I Hemmings SOLICITOR Baker & McKenzie LEGAL REPRESENTATIVES: DEFENDANT P Tomasetti SOLICITOR Storey and Gough

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Cowdroy J

7 February 2005

50057 of 2004 50058 of 2004

MINISTER ADMINISTERING THE PORTS CORPORATISATION AND WATERWAYS MANAGEMENT ACT 1995 Prosecutor

MICK BECHARA HAKIM Defendant

JUDGMENT NO 3 (INTERLOCUTORY) 1 His Honour: In proceedings number 50058 of 2004 the defendant is charged with an offence, namely that he committed an offence against the Rivers and Foreshores Improvement Act 1948 ("the Act") in that between 3 February 2004 and 7 February 2004 at Chiswick in the State of New South Wales he failed to comply with a stop work order contrary to s 22D(1) of the Act ("the order").