Ferguson v Liverpool City Council [2009] NSWLEC 20

Land and Environment Court of New South Wales

CITATION : Ferguson v Liverpool City Council [2009] NSWLEC 20

APPELLANT Leanne Ferguson PARTIES : RESPONDENT Liverpool City Council

FILE NUMBER(S) : 60006 of 2008; 60007 of 2008

CORAM: Pain J

KEY ISSUES: APPEAL :- appeal against conviction - appeal dismissed

Crimes (Appeal and Review) Act 2001 s 31(2)(a), s 33, s 37 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s 10(1)(a), s 10(5) Protection of the Environment Operations Act 1997 s 94(4), s 143

Chokr v Liverpool City Council [2008] NSWLEC 58 CASES CITED: Denning v Department of Environment and Conservation (2007) 153 LGERA 200 Latoudis v Casey (1990) 170 CLR 534

DATES OF HEARING: 25 February 2009

EX TEMPORE JUDGMENT DATE : 25 February 2009

APPELLANT In person LEGAL REPRESENTATIVES: RESPONDENT Mr J Tunks (solicitor) SOLICITORS Marsdens

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Pain J

25 February 2009

60006 of 2008, 6007 of 2008 Ferguson v Liverpool City Council

EX TEMPORE JUDGMENT 1 Her Honour: The Appellant has filed two Class 6 appeals against conviction in relation to two decisions of the local court at Liverpool on 1 April 2008. She lodged appeals with the local court on 1 May 2008 outside the 28 day period specified in s 31(2)(a) of the Crimes (Appeal and Review) Act 2001 (the Review Act). The appeal was sent erroneously to the District Court before coming to this Court. An extension of time for appeal can be granted under s 33 provided that is within three months of the conviction as has occurred in this matter. Filing an appeal in the local court/District Court is considered an appeal to this Court: Denning v Department of Environment and Conservation (2007) 153 LGERA 200; Chokr v Liverpool City Council [2008] NSWLEC 58. I give leave for the appeals to be filed in this Court outside the 28 day period in s 31(2)(a). The Appellant is not legally represented.