Kovacevic v Queanbeyan City Council [2017] NSWLEC 40

Land and Environment Court New South Wales

Medium Neutral Citation: Kovacevic v Queanbeyan City Council [2017] NSWLEC 40 Hearing dates: 5 April 2017 Date of orders: 05 April 2017 Decision date: 05 April 2017 Jurisdiction: Class 6 Before: Pain J Decision: (1) The application for leave to appeal is dismissed. (2) The Applicant is to pay the Council's costs of this application. Catchwords: APPEAL – leave to appeal against severity of sentence in local court – whether leave to appeal out of time should be granted – interests of justice justifying grant of leave to appeal not established – inadequate explanation of delay Legislation Cited: Crimes (Appeal and Review) Act 2001 ss 31, 33, 36 Environment Planning and Assessment Act 1979 s 125 Queanbeyan Local Environmental Plan 1998 Cases Cited: Herron v Attorney-General for NSW (1987) 8 NSWLR 601 Category: Procedural and other rulings Parties: Mary Lucy Kovacevic (Applicant) Queanbeyan City Council (Respondent) Representation: COUNSEL: H Marjason, solicitor (Applicant) A Herring, solicitor (Respondent)

SOLICITORS: Marjason & Marjason Solicitors (Applicant) Herring & Associates (Respondent) File Number(s): 16/389608 Decision under appeal Court or tribunal: Queanbeyan Local Court Jurisdiction: Criminal Date of Decision: 30 September 2016 Before: Magistrate Antrum File Number(s): 2011/366061