NSW Caselaw
Land and Environment Court of New South Wales
CITATION : North Sydney Council v Moline; North Sydney Council v Tomkinson [2008] NSWLEC 57
50007 of 2007
PROSECUTOR North Sydney Council
DEFENDANT James Moline PARTIES :
50008 of 2007
PROSECUTOR North Sydney Council
DEFENDANT Alan Tomkinson
FILE NUMBER(S) : 50007; 50008 of 2007
CORAM: Preston CJ
KEY ISSUES: Prosecution :- offence of carrying out development not in accordance with development consent - defendants' applications at close of prosecution case - submission that no case to answer - submission that Court should exercise discretion to stop case and direct verdict of not guilty - submission that no offence because of modification of development consent operated retrospectively
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 76A, s 96, s 125 Home Building Act 1989 s 92
Kendall Street Developments Pty Ltd v Byron Shire Council (No.2) (2004) 138 LGERA 360 Mirvac Projects Pty Ltd v Ku-Ring-Gai Council and Inglis [2007] NSWLEC 540 CASES CITED: Queen v Prasad (1979) 23 SASR 161 Willoughby City Council v Dasco Design and Construction Pty Ltd (2000) 111 LGERA 422 Windy Dropdown Pty Ltd v Warringah Council (2000) 111 LGERA 299
DATES OF HEARING: 6 February 2008, 7 February 2008
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