Holroyd City Council v Khoury (No 2) [2011] NSWLEC 158

Land and Environment Court New South Wales

Medium Neutral Citation: Holroyd City Council v Khoury (No 2) [2011] NSWLEC 158 Hearing dates: 6 September 2011 Decision date: 06 September 2011 Jurisdiction: Class 5 Before: Pain J Decision: The Court is satisfied beyond reasonable doubt that the Defendant is guilty of an offence under s 125(1) of the Environmental Planning and Assessment Act 1979 as particularised in the summons filed on 13 May 2011. Catchwords: PROSECUTION - Prosecutor proves offence of failure to comply with s 121B notice issued under Environmental Planning and Assessment Act 1979 requiring demolition of house - ex parte hearing in absence of defendant Legislation Cited: Criminal Procedure Act 1986 s 250(a) Environmental Planning and Assessment Act s 121B, s 125, s 153 Category: Principal judgment Parties: Holroyd City Council (Prosecutor) Robert Khoury (Defendant) Representation: Mr J Johnson (Prosecutor) HWL Ebsworth Lawyers (Prosecutor) File Number(s): 50397 of 2011

EX TEMPORE Judgment 1Having resolved under a s 250(a) of the Criminal Procedure Act 1986 , to proceed in the absence of the Defendant, I have before me a summons in which an order is sought that the Defendant Mr Khoury, of South Wentworthville, appear before a judge of the Court to answer the charge that on or about 8 October 2010 he committed an offence under s 125(1) of the Environmental Planning and Assessment Act 1979 (the EPA Act) . The Defendant was directed by the Prosecutor Holroyd City Council (the Council) under s 121B(1) of the EPA Act to do an action which remains undone being to: ... demolish and remove the building erected at lot 24, DP 26984 otherwise known as ... South Wentworthville within 60 days of the day of the said Order number 2, and the said building erected at the said land was not demolished and removed within 60 days of the date of the said order No 2, and remains on the said land.