Leanne O'Shannessy & Department of Health Ltd v Blacktown Workers Club [2010] NSWSC 1153

New South Wales Supreme Court

CITATION : Leanne O'Shannessy & Department of Health Ltd v Blacktown Workers Club [2010] NSWSC 1153

HEARING DATE(S) : 7 June 2010

JUDGMENT DATE : 14 October 2010

JURISDICTION : Common Law

JUDGMENT OF : Harrison AsJ

(1) The decision of his Honour Magistrate R A Brown dated 7 December 2009 is set aside. DECISION : (2) The matter is remitted to the Local Court to be determined according to law. (3) The first defendant is to pay the plaintiff's costs as agreed or assessed.

CATCHWORDS : Appeal - Local Court - Smoke-free Environment Act 2000

Building Code of Australia 2010 LEGISLATION CITED : Smoke-free Environment Act 2000 Crimes (Appeal and Review) Act 2001 Smoke-free Environment Regulation 2007

CATEGORY : Principal judgment

Apthorpe v Repatriation Commissin (1987) 77 ALR 42; (1987) 13 ALD 656 Australian Gas Light Co v Valuer General (1940) SR 126 Azzopardi v Tasman UEB Industries ltd (1985) 4 NSWLR 139 Broadbridge v Stammers (1987) 16 FCR 296; (1987) 14 ALD 649; (1987) 76 ALR 339 Bukorovic v the Registrar of the WCC [2010] NSWSC 507 Director of Public Prosecutions v Belani [2005] NSWSC 1013 CASES CITED : Director of Public Prosecutions (NSW) v Zhang [2007] NSWSC 308 Gurleven v Minister for Immigration & Ethnic Affairs (unreported, Full Federal Court, 24 February 1984) Minister for Industry and Commerce v East West Trading Co Pty Ltd (1986) 64 ALR 466 Minister for Immigration and Ethnic Affairs v Conyngham (1986) 68 ALR 441 Paice v Hill [2009] NSWCA 156 Riddell v Secretary, Dept of Social Security (1993) 42 FCR 443 Sean Investment Pty Ltd v MacKellar (1981) 38 ALR 363; (1982) 42 ALR 676