El Cheikh v City of Canterbury Council [2015] NSWLEC 183

Land and Environment Court New South Wales

Medium Neutral Citation: El Cheikh v City of Canterbury Council [2015] NSWLEC 183 Hearing dates: 25 November 2015 Date of orders: 25 November 2015 Decision date: 25 November 2015 Jurisdiction: Class 6 Before: Sheahan J Decision: (1) The appeal is allowed in part. (2) In lieu of the Local Court's order of 14 April 2015, the appellant is convicted, and fined $10,000 plus costs of $5,400. (3) Each party is to pay its own costs of the appeal. Catchwords: APPEAL: Leave granted to appeal against severity of a sentence imposed by the Local Court on the grounds of its severity – claim of impecuniosity. Legislation Cited: Crimes (Appeal and Review) Act 2001 Crimes (Sentencing Procedure) Act 1999 Environmental Planning and Assessment Act 1979 Fines Act 1996 Cases Cited: Alramon Pty Limited v City of Ryde Council [2014] NSWLEC 100 Cameron v Eurobodalla Shire Council (2006) 146 LGERA 349 Environmental Protection Authority v Pal [2009] NSWLEC 35 R v Doan (2006) 50 NSWLR 115 R v Rahme (1989) 43 A Crim R 81 Willoughby Council v Livbuild Pty Ltd [2015] NSWLEC 34 Category: Principal judgment Parties: Chawkat El Cheikh (Appellant) City of Canterbury Council (Respondent) Representation: Counsel: Mr S Milanovic, barrister (Appellant) Mr J Fan, solicitor (Respondent)