Hijazi v Canterbury City Council (No 2) [2007] NSWLEC 367

Land and Environment Court of New South Wales

CITATION : Hijazi v Canterbury City Council (No 2) [2007] NSWLEC 367

APPLICANT Ghassan Hijazi PARTIES : RESPONDENT Canterbury City Council

FILE NUMBER(S) : 60002 of 2007

CORAM: Jagot J

KEY ISSUES: Prosecution :- Appeal - not guilty plea below - whether evidence admitted in Local Court should have been excluded - whether charge overlapped with earlier conviction - autrefois convict - appeal dismissed

Crimes (Appeal and Review) Act 2001 LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Evidence Act 1995

CASES CITED: Hijazi v Canterbury City Council (No 1) [2007] NSWLEC 393; Port Stephens Council v SS and LM Johnston Pty Ltd; Port Stephens Council v Port Stephens Veterans and Citizens Aged Care Limited [2007] NSWLEC 30

DATES OF HEARING: 14/6/07

DATE OF JUDGMENT: 3 July 2007

APPLICANT Ghassan Hijazi (in person) SOLICITORS N/A LEGAL REPRESENTATIVES: RESPONDENT Mr D Jordan SOLICITORS Pike Pike & Fenwick

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Jagot J

3 July 2007

60002 of 2007

GHASSAN HIJAZI Appellant

CANTERBURY CITY COUNCIL Respondent

JUDGMENT Jagot J:

A. The appeal

1 This is an appeal against a conviction entered against the defendant, Mr Ghassan Hijazi, in the Local Court at Bankstown on 28 November 2006. The defendant was convicted of carrying out development without development consent on land at 160 Lakemba Street, Lakemba, between 2 February and 25 July 2006 in contravention of s 76A of the Environmental Planning and Assessment Act 1979 (the EPA Act). He was ordered to pay a fine of $15,000, professional costs of $6,600 and Court costs of $67.00.