Wehbe v Kogarah City Council [2015] NSWLEC 170

Land and Environment Court New South Wales

Medium Neutral Citation: Wehbe v Kogarah City Council [2015] NSWLEC 170 Hearing dates: 24 September 2015 Date of orders: 24 September 2015 Decision date: 24 September 2015 Jurisdiction: Class 6 Before: Preston CJ Decision: Orders as at [19] Catchwords: APPEAL – appeal against convictions in Local Court – court attendance notices commencing proceedings in Local Court defective – charged with wrong offence – prosecutor out of time to amend court attendance notices – appeal upheld

COSTS – appellant whose conviction is set aside – whether proceedings for offences charged were initiated without reasonable case – defect in court attendance notices – charged with wrong offence – no real prospects of success or doomed to fail from the start – proceedings initiated without reasonable cause – unjust to exercise discretion not to award costs – failure by appellant to raise defect in charge not disentitling conduct Legislation Cited: Crimes (Appeal and Review) Act 2001 ss 49, 70(1) Environmental Planning and Assessment Act 1979 ss 76A(1), 125(1), 127(5) Cases Cited: Council of Kangan Batman Institute of Technology and Further Education v Australian Industrial Relations Commission [2006] FCAFC 199; (2006) 156 FCR 275 Environment Protection Authority v Bulga Coal Management Pty Ltd (No 2) [2014] NSWLEC 70; (2014) 202 LGERA 203 Halpin v Department of Gaming and Racing [2007] NSWSC 815 Latoudis v Casey [1990] HCA 59; (1990) 170 CLR 534 Kanan v Australian Postal and Telecommunications Union [1992] FCA 539; (1992) 43 IR 257 Leota v The Queen [2007] NSWDC 146; (2007) 5 DCLR(NSW) 173 Pittwater Council v A1 Professional Tree Recycling Pty Ltd (No 3) [2009] NSWLEC 21; (2009) 165 LGERA 6 Tauszik v Gosford City Council [2006] NSWCCA 193; (2006) 146 LGERA 428 Category: Principal judgment Parties: Mr Adnan Wehbe (Appellant) Kogarah City Council (Respondent) Representation: Counsel: Mr B Levet (Barrister) (Appellant) Mr J Johnson (Barrister) (Respondent)