NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Maitland City Council v Link Building Services Pty Limited [2008] NSWLEC 71 This decision has been amended. Please see the end of the judgment for a list of the amendments.
PROSECUTOR: Maitland City Council PARTIES : DEFENDANT: Link Building Services Pty Limited ACN 003 906 483
FILE NUMBER(S) : 50018 of 2007
CORAM: Lloyd J
KEY ISSUES: Prosecution :- carrying out development without first obtaining development consent - plea of guilty - penalty - relevant objective considerations - gaining commercial advantage - no environmental harm - no direct expression of contrition and remorse - mitigating factors
Crimes (Sentencing Procedure) Act 1999 s 3A LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 76A(1)(a) and s 125(1), Fines Act 1996 Pt 2 Div 2
Keir v Sutherland Shire Council [2004] NSWLEC 754 R v Elfar [2003] NSWCCA 358 CASES CITED: R v McGourty [2002] NSWCCA 335 R v Qutami [2001] 127 A Crim R 369 R v Visconti [1982] 2 NSWLR 104
DATES OF HEARING: 31 January 2008
EX TEMPORE JUDGMENT DATE : 31 January 2008
PROSECUTOR: C J Leggat SC Solicitors: Thomson Norrie
LEGAL REPRESENTATIVES:
DEFENDANT: G Green (solicitor) SOLICITORS: Pike Pike & Fenwick
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