NSW Caselaw
Land and Environment Court of New South Wales
CITATION : The Hills Shire Council v Suciu (No 2) [2009] NSWLEC 168
PROSECUTOR The Hills Shire Council PARTIES : DEFENDANT Petre Suciu
FILE NUMBER(S) : 50085 of 2008
CORAM: Pepper J
KEY ISSUES: PRACTICE AND PROCEDURE :- application for adjournment of delivery of sentencing judgment - ex parte sentencing hearing - application after hearing but before judgment delivered - possible miscarriage of justice if no opportunity afforded to guilty defendant to be heard - adjournment granted
Criminal Procedure Act 1986 s 250 LEGISLATION CITED: Protection of the Environment Operations Act 1997 s 143 Land and Environment Court Rules 2007 r 5.2(h) Uniform Civil Procedure Rules 2005 Pt 36 r 16.2(b)
CASES CITED: The Hills Shire Council v Suciu [2009] NSWLEC 145
DATES OF HEARING: 22 September 2009
EX TEMPORE JUDGMENT DATE : 22 September 2009
PROSECUTOR Mr D Buchanan SC SOLICITORS The Hills Shire Council LEGAL REPRESENTATIVES: DEFENDANT Mr C Carter SOLICITORS Nyman Gibson Stewart
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
PEPPER J
22 September 2009
50085 of 2008 The Hills Shire Council v Petre Suciu (No 2)
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