NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Parramatta City Council v Cheng [2010] NSWLEC 94
PROSECUTOR PARTIES : Parramatta City Council DEFENDANT Robyn Merie Cheng
FILE NUMBER(S) : 50012 of 2010; 50013 of 2010
CORAM: Pain J
KEY ISSUES: PROSECUTION :- sentence for plea of guilty - tree clearing in breach of tree preservation order on private land by owner employing contractor - finding that offence proved but no conviction recorded
Crimes (Sentencing Procedure) Act 1999 s 3A, 10, 21A LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 5(a)(ii), 125(1) Local Government Act 1993 Parramatta Local Environmental Plan (2001)
Axer Pty Ltd v Environment Protection Authority (1993) 113 LGERA 357 Bentley v BGP Properties Pty Ltd [2006] NSWLEC 34; (2006) 145 LGERA 234 CASES CITED: Camilleri's Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683 Gittany Constructions Pty Ltd v Sutherland Shire Council [2006] NSWLEC 242; (2006) 145 LGERA 189 R v Paris [2001] NSWCCA 83 Willoughby City Council v P and V Masonry Pty Limited [2003] NSWLEC 312
DATES OF HEARING: 8 June 2010
DATE OF JUDGMENT: 10 June 2010
PROSECUTOR Mr T Howard SOLICITOR LEGAL REPRESENTATIVES: Storey & Gough DEFENDANT Mr G McKee (solicitor) SOLICITOR McKee's Legal Solutions
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