Tweed Shire Council v Furlonger [2014] NSWLEC 156

Land and Environment Court New South Wales

Medium Neutral Citation: Tweed Shire Council v Furlonger [2014] NSWLEC 156 Hearing dates: 25 September 2014 Decision date: 30 September 2014 Jurisdiction: Class 5 Before: Biscoe J Decision: The proceeding is dismissed. Catchwords: PROSECUTION - motion by defendant for summary dismissal - charge under s 628 Local Government Act 1993 of failure to comply with council order under s 124 - under s 628(5) it is a sufficient defence if defendant satisfies court that defendant unaware of fact that activity in respect of which offence arose was the subject of s 124 order - defendant unaware of s 124 order or earlier mandatory s 132 notice of intention until after summons served - under s 144 an order is given by serving a copy on person to whom it is addressed - copy of order not served in a way authorised by s 710. Legislation Cited: Local Government Act 1993 ss 124, 129, 130, 131, 132, 144, 628, 710, Dictionary Protection of the Environment Operations Act 1997 s 91 Local Government (Manufactured Home estates, Caravan Park, Camping Grounds and Moveable Dwellings) Regulation 2005 cll 138(a), 142 Uniform Civil Procedure Rules 2005 rr 10.14(1), 10.20(2) Cases Cited: Howship Holdings Pty Ltd v Leslie (No 2) [1996] NSWSC 314, (1996) 41 NSWLR 542 Lismore City Council v Ihalainen [2013] NSWLEC 149 Liverpool City Council v Cauchi [2005] NSWLEC 675, (2005) 145 LGERA 1 Mohamed v Farah [2004] NSWSC 482 Twist v Randwick Municipal Council [1976] HCA 58, (1976) 136 CLR 106 White v Weston [1968] 2 All ER 842 Category: Interlocutory applications Parties: Tweed Shire Council (Prosecutor) Jacqueline Furlonger (Defendant) Representation: COUNSEL: A Isaacs (Prosecutor) J Furlonger (in person) SOLICITORS: Stacks (Prosecutor) N/A (Defendant) File Number(s): 50311/14