Alramon Pty Limited v City of Ryde Council [2014] NSWLEC 100

Land and Environment Court New South Wales

Medium Neutral Citation: Alramon Pty Limited v City of Ryde Council [2014] NSWLEC 100 Hearing dates: 9 July 2014 Decision date: 21 July 2014 Jurisdiction: Class 6 Before: Sheahan J Decision: 1. The defendant's appeal is dismissed and the penalties imposed by the Local Court are confirmed. 2. The defendant is ordered to pay the Council's costs of the appeal, and its costs thrown away as a result of the adjournment of the hearing on 23 June 2014, to be agreed or assessed according to law. 3. The exhibits may all be returned. Catchwords: APPEAL: Appeal against severity of local court sentences - major ground alleged failure of magistrate to properly apply the principle of "totality" - questions of objective seriousness - discounts to apply for pleas of guilty. Legislation Cited: Crimes (Appeal and Review) Act 2001 Environmental Planning and Assessment Act 1979 Ryde Local Environmental Plan 2010 Cases Cited: Camilleri's Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683 Chief Executive, Office of Environment and Heritage v Kyluk Pty Limited (No 4) [2014] NSWLEC 74 Chief Executive of the Office of Environment and Heritage v Bombala Investments Pty Ltd [2013] NSWLEC 185; (2013) 199 LGERA 236 Environment Protection Authority v Orange City Council [1995] NSWLEC 103 Franks v Woollahra Municipal Council [2007] NSWLEC 461 Keir v Sutherland Shire Council [2004] NSWLEC 754 Mouawad v The Hills Shire Council [2013] NSWLEC 165; (2013) 199 LGERA 28 Newcastle Port Corporation v MS Magdalene Schiffahrtsgesellschaft MBH; Newcastle Port Corporation v Vazhnenko [2013] NSWLEC 210 R v Brown (1982) 5 A Crim R 404 R v Holder [1983] 3 NSWLR 245 Sgroi v The Queen (1989) 40 A Crim R 197 Terrey v Department of Environment, Climate Change and Water [2011] NSWLEC 141 Category: Principal judgment Parties: Alramon Pty Limited (Appellant) City of Ryde Council (Respondent) Representation: Mr P Clay, SC with Ms N Hammond, barrister (Appellant) Mr T Howard, SC (Respondent) AJL Legal (Appellant) Storey & Gough Lawyers (Respondent) File Number(s): 60882 of 2013 Decision under appeal Date of Decision: 2013-10-22 00:00:00 Before: Magistrate Barry File Number(s): 2013/00107738 2013/00107785