NSW Caselaw
Reported Decision : 70 NSWLR 605; 156 LGERA 59;
Land and Environment Court of New South Wales
CITATION : Burwood Council v Jally Development Pty Ltd [2007] NSWLEC 543
PROSECUTOR: Burwood Council PARTIES : DEFENDANT: Jally Development Pty Ltd
FILE NUMBER(S) : 50014 of 2007
CORAM: Biscoe J
KEY ISSUES: Construction and Interpretation - Prosecution :- whether criminal proceedings should be permanently stayed on ground that its continuance is precluded by s 45(2) Fines Act 1996 – whether application for withdrawal of penalty notice enforcement order under s 46(2) can be made by a council or only by appropriate officer who applied for the order – whether order can only be withdrawn under s 46(2) if order made in error.
LEGISLATION CITED: Fines Act 1996 ss 45, 46 Environmental Planning and Assessment Act 1979 ss 76A, 125,
DATES OF HEARING: 7/8/2007
EX TEMPORE JUDGMENT DATE : 7 August 2007
PROSECUTOR: Mr A Lang, barrister SOLICITORS Houston Dearn O'Connor LEGAL REPRESENTATIVES:
DEFENDANT: Mr T G Howard, barrister SOLICITORS Ma & Company
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
BISCOE J
7 August 2007
50014 of 2007
BURWOOD COUNCIL v JALLY DEVELOPMENT PTY LTD
EX TEMPORE JUDGMENT 1 HIS HONOUR: This is a motion by the defendant, Jally Development Pty Ltd, for an order that these criminal proceedings be permanently stayed on the ground that s 45(2) of the Fines Act 1996 precludes its continuance or, alternatively, on the ground that it is an abuse of process.
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