NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Fletcher v Byron Shire Council (No 2) [2010] NSWLEC 226
APPELLANT Michael Hume Fletcher PARTIES : RESPONDENT Byron Shire Council
FILE NUMBER(S) : 60003 of 2010; 60004 of 2010
CORAM: Pepper J
KEY ISSUES: APPEAL :- appeal against conviction and sentence in one matter and against sentence only in another - whether it was in the interests of justice to permit fresh evidence to be given in each appeal - whether there were substantial reasons why it was in the interests of justice that the applicant and other individuals give oral evidence in each appeal - applicant self-represented - fresh evidence allowed in part - applicant allowed to give oral evidence in appeal against sentence only
LEGISLATION CITED: Crimes (Appeal and Review) Act 2001 ss 37, 38
Advanced Arbor Service Pty Ltd v Strathfield Municipal Council [2006] NSWLEC 485 Cameron v Eurobodalla Shire Council [2006] NSWLEC 47 CASES CITED: Fletcher v Byron Shire Council [2010] NSWLEC 185 Kari & Ghossayn Pty Ltd v Sutherland Shire Council [2006] NSWLEC 532; (2006) 150 LGERA 231 Thomson v Hawkesbury City Council [2009] NSWLEC 151
DATES OF HEARING: 29 October 2010
EX TEMPORE JUDGMENT DATE : 29 October 2010
APPLICANT Mr M Fletcher (in person) SOLICITORS N/A LEGAL REPRESENTATIVES: RESPONDENT Mr T March (solicitor) SOLICITORS HWL Ebsworth Lawyers
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