Zhou v Auburn City Council; Chen v Auburn City Council [2009] NSWLEC 75

Land and Environment Court of New South Wales

CITATION : Zhou v Auburn City Council; Chen v Auburn City Council [2009] NSWLEC 75 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANTS Xin Xia Zhou PARTIES : Ming Ming Chen

RESPONDENT Auburn City Council

FILE NUMBER(S) : 60016; 60017 of 2008

CORAM: Preston CJ

KEY ISSUES: APPEAL :- appeal against severity of Local Court sentences; - similar illegal works in two units owned jointly by applicants, husband and wife; - council orders to demolish illegal works not complied with; - early plea of guilty; - single course of criminal conduct; - appeal upheld; - fines reduced

LEGISLATION CITED: Crimes (Appeal and Review) Act 2001 ss 31, 37 Environmental Planning and Assessment Act 1979 s 121B

DATES OF HEARING: 30 April 2009

EX TEMPORE JUDGMENT DATE : 30 April 2009

APPLICANTS N Velcic (Solicitor) SOLICITORS Nikola Velcic & Associates LEGAL REPRESENTATIVES: RESPONDENT AJ Pickup (Solicitor) SOLICITORS Storey & Gough Lawyers

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

PRESTON CJ

30 April 2009

60016 of 2008 60017 of 2008

Zhou v Auburn City Council Chen v Auburn City Council

JUDGMENT

1 HIS HONOUR: The applicants in each of these proceedings appeal against the severity of a sentence imposed by Magistrate Johnson of the Local Court of New South Wales in proceedings brought by Auburn City Council for a contravention of the Environmental Planning and Assessment Act 1979 (NSW) ("EPA Act"). The offences involved a failure to comply with two orders pursuant to s 121B of the EPA Act in respect of two residential flat units that the applicants jointly owned. The applicants pleaded guilty to each of the offences and the proceedings came before the Local Court on 24 October 2008. The Local Court convicted the applicants and sentenced each of the applicants on each of the court attendance notices. The sentences were as follows: - Zhou - offence relating to unit 5042 - breach of order 2 - convicted and fined $15,000, court costs of $73 and professional costs of $350. - Zhou - offence relating to unit 5042 - breach of order 12 - convicted and fined $10,000, court costs of $73 and professional costs of $350. - Zhou - offence relating to unit 4513 - breach of order 2 - convicted and fined $15,000, court costs of $73 and professional costs of $350. - Zhou - offence relating to unit 4513 - breach of order 12 - convicted and fined $10,000, court costs of $73 and professional costs of $350. - Chen - offence relating to unit 5042 - breach of order 2 - convicted and fined $15,000, court costs of $73 and professional costs of $350. - Chen - offence relating to unit 5042 - breach of order 12 - convicted and fined $10,000, court costs of $73 and professional costs of $350. - Chen - offence relating to unit 4513 - breach of order 2 - convicted and fined $15,000, court costs of $73 and professional costs of $350. - Chen - offence relating to unit 4513 - breach of order 12 - convicted and fined $10,000, court costs of $73 and professional costs of $350.