NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Fairfield City Council v El Nachar [2009] NSWLEC 154
PROSECUTOR PARTIES : Fairfield City Council DEFENDANT Atef Mustapha El Nachar
FILE NUMBER(S) : 50069 of 2008; 50021 of 2009
CORAM: Pain J
KEY ISSUES: COSTS :- application by defendant for costs under Criminal Procedure Act 1986 after charges withdrawn - whether Prosecutor failed to properly investigate - whether exceptional circumstances - motion dismissed
Criminal Procedure Act 1986 s 212, 257D LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 118BA, 125 First Home Owners Grant Act 2000 s 12 Justices Act 1902 s 118D (repealed)
Fosse v Department of Public Prosecutions [1999] NSWSC 367 CASES CITED: Gordon Plath of the Department of Environment and Climate Change v Vurlow; Gordon Plath of the Department of Environment and Climate Change v Hockey; Gordon Plath of the Department of Environment and Climate Change v Southton [2009] NSWLEC 102 Halpin v Department of Gaming and Racing [2007] NSWSC 815 JD v DPP [2000] NSWSC 1092 Port Macquarie - Hastings Council v Lawlor Services Pty Limited; Port Macquarie - Hastings Council v Petro (No 7) (2008) 159 LGERA 87
DATES OF HEARING: 8 September 2009
EX TEMPORE JUDGMENT DATE : 8 September 2009
PROSECUTOR Mr T Howard SOLICITORS LEGAL REPRESENTATIVES: Ritchie and Castellan DEFENDANT Mr M Vassili (solicitor) SOLICITORS Vassili Fozzard Solicitors
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