Holroyd City Council v El-Khouri (No 2) [2008] NSWLEC 91

Land and Environment Court of New South Wales

CITATION : Holroyd City Council v El-Khouri (No 2) [2008] NSWLEC 91

PROSECUTOR Holroyd City Council PARTIES : DEFENDANT Marlo El-Khouri

FILE NUMBER(S) : 50037 of 2007; 50042 of 2007; 50043 of 2007; 50044 of 2007; 50045 of 2007; 50046 of 2007

CORAM: Jagot J

KEY ISSUES: Costs :- whether prosecutor's claimed costs reasonable - costs fixed by Court

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986

Holroyd City Council v El-Khouri [2008] NSWLEC 83 CASES CITED: Latoudis v Casey (1990) 170 CLR 534 Maitland City Council v Link Building Services Pty Limited [2008] NSWLEC 71

DATES OF HEARING: Prosecutor's written submissions received on 22 February 2008; Defendant's written submissions received on 26 February 2008

DATE OF JUDGMENT: 27 February 2008

PROSECUTOR Mr J Johnson SOLICITORS McKees Solicitors LEGAL REPRESENTATIVES: DEFENDANT Mr Avni Djemal SOLICITORS Maclarens Lawyers

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Jagot J

27 February 2008

50037 of 2007 50042 - 50046 of 2007

HOLROYD CITY COUNCIL Applicant

MARLO EL-KHOURI Respondent

JUDGMENT Jagot J: 1 On 18 February 2008 I imposed sentence on the defendant in respect of the six offences with which she had been charged (Holroyd City Council v El-Khouri [2008] NSWLEC 83). I found each offence proved. Pursuant to s 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999, and without proceeding to conviction, I ordered that each charge be dismissed. The parties agreed that I should deal with the issue of costs in chambers following the receipt of short written submissions.