Council of the City of Sydney v Blue Chips Franchise Pty Ltd [2017] NSWLEC 24

Land and Environment Court New South Wales

Medium Neutral Citation: Council of the City of Sydney v Blue Chips Franchise Pty Ltd [2017] NSWLEC 24 Hearing dates: 22 February 2017 Date of orders: 09 March 2017 Decision date: 09 March 2017 Jurisdiction: Class 6 Before: Preston CJ Decision: (1) The appeal is dismissed. (2) The appellant is to pay the respondent's costs of the appeal. Catchwords: APPEAL – Local Court dismissal of charge – offence of failure to comply with requirement of investigation officer, without reasonable excuse – magistrate found reasonable excuse not to comply – legal onus to establish reasonable excuse – on whom legal onus rests – whether magistrate erred in law in applying legal onus to prosecution and not defendant – whether no evidence for factual finding of reasonable excuse – no error on question of law alone established – costs ordered Legislation Cited: Crimes (Appeal and Review) Act 2001 ss 42(2B)(b), 49(4) Environmental Planning and Assessment Act 1979 s 119M(1); Part 6, Division 1C Evidence Act 1995 s 141 Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Australian Gas Light Co v Valuer-General (1940) 40 SR (NSW) 126 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Chugg v Pacific Dunlop Ltd (1990) 170 CLR 249 Ganke v Corporate Affairs Commission (1990) 19 NSWLR 449 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390; [2010] HCA 32 Latoudis v Casey (1990) 170 CLR 534 Mahony v Industrial Registrar of New South Wales (1986) 8 NSWLR 1 R v Debono [2013] VSC 408 Stead v State Government Insurance Commission (1986) 161 CLR 141 Vines v Djordjevitch (1955) 91 CLR 512 Waterford v Commonwealth (1987) 163 CLR 54 Category: Principal judgment Parties: The Council of the City of Sydney (Appellant) Blue Chips Franchise Pty Limited (Respondent) Representation: Counsel: Ms G Lewer (Appellant) Mr H El-Hage (Respondent)