NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Woollahra Municipal Council v JPS Development & Construction Pty Limited [2007] NSWLEC 595
PROSECUTOR: Woollahra Municipal Council PARTIES : DEFENDANT: JPS Development & Construction Pty Limited ACN 091 146 048
FILE NUMBER(S) : 50030 of 2006
CORAM: Lloyd J
KEY ISSUES: Environmental Offences :- carrying out development which required development consent other than in accordance with development consent - partial collapse of wall - safety concerns - assessment by structural engineer - instructions given by the project manager - guilty plea
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 76A(1B), s 125(1) Woollahra Local Environmental Plan 1995
CASES CITED: R v Thomson; R v Houlton (2000) 49 NSWLR 383; Walden v Hensler (1987) 163 CLR 561
DATES OF HEARING: 14/06/2007
EX TEMPORE JUDGMENT DATE : 14 June 2007
PROSECUTOR: P R Clay (barrister) SOLICITORS: Home Wilkinson Lowry
LEGAL REPRESENTATIVES: DEFENDANT: T G Howard (barrister) SOLICITORS: DLA Phillips Fox
JUDGMENT: - 11 - IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Lloyd J
Thursday, 14 June 2007
LEC No. 50030 of 2006
WOOLLAHRA MUNICIPAL COUNCIL v JPS DEVELOPMENT & CONSTRUCTION PTY LIMITED
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