Smyth v Tsekos [1988] NSWLEC 119

Land and Environment Court of New South Wales

CITATION : Smyth v Tsekos [1988] NSWLEC 119 APPLICANT Smyth PARTIES : RESPONDENT Leo Tsekos

FILE NUMBER(S) : 50013 of 1987 CORAM: Bignold J KEY ISSUES: :- LEGISLATION CITED: Heritage Act 1977 Nicolaisen v. Coal Cliff Collieries Pty Ltd 1984 ; CASES CITED: Border v. David Brown Corporation of Australia and Anor 1988 ; Smyth v. Caralis and Ors 1987 ; Albert v. Lavin reported in 1982 DATES OF HEARING: 09/05/1988 DATE OF JUDGMENT: 05/09/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

Bignold J.: The Defendant is charged with an offence against s.135 of the Heritage Act 1977 in that while an order made by the Minister under section 130(1) was in force he did demolish a building described in that order.

The aforesaid charge was one of six separate charges brought by the Prosecutor - two against the Defendant (the aforesaid charge and the offence of aiding and abetting), two against the Defendant's wife (the same offences) and two against the owner of the property on which the demolished building was previously erected being the Company Mobide Pty Limited, of which the Defendant and his wife are Directors (the same offences) all in respect of the demolition of the one building.

Each of the defendants originally had pleaded not guilty to the offences charged. However at an early stage in the Prosecutor's case (the charges, by consent, were being heard together) the Prosecutor sought and obtained leave to withdraw five of the six charges (and in respect of those five charges I ordered by consent the dismissal of each charge with no order as to costs) leaving only the charge against the Defendant in respect of which a plea of guilty was thereupon entered.