NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Pittwater Council v Brown Brothers Waste Contractors Pty Ltd (No 4); Pittwater Council v Wayne Gordon Brown (No 2); Pittwater Council v Gary Neil Brown (No 2) [2013] NSWLEC 219 Hearing dates: 8 February, 22, 26 and 27 March 2012 Decision date: 20 December 2013 Jurisdiction: Class 4 Before: Pepper J Decision: Leave to withdraw pleas of guilty refused. Amended notice of motion dismissed with costs. Catchwords: CONTEMPT: applications for leave to withdraw guilty pleas - reliance on alleged incorrect legal advice as to whether terms of consent orders breached - applicable legal principles - principle of finality of litigation - advice correct - pleas made with genuine consciousness of guilt - applications refused. Legislation Cited: Environmental Planning and Assessment 1979, s 76A(1)
Pittwater Local Environmental Plan 1993 Cases Cited: Bardsley-Smith v Penrith City Council [2013] NSWCA 200; (2013) 195 LGERA 34
Brown Bros Waste Contractors Pty Limited v Pittwater Council [2009] NSWLEC 1295
Chow v Director of Public Prosecutions (1992) 28 NSWLR 593
Environment Protection Authority v Forestry Commission of New South Wales [1997] NSWLEC 204
Griffiths v The Queen [1977] HCA 44; (1977) 137 CLR 293
Lawson v The Queen [2011] NSWCCA 44; (2011) 206 A Crim R 557
Lawton v The Queen [2012] NSWCCA 16
Loury v R [2010] NSWCCA 158
Maxwell v The Queen [1996] HCA 46; (1996) 184 CLR 501
Meissner v The Queen [1995] HCA 41; (1995) 184 CLR 132
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