Erector Group Pty Ltd v Burwood Council; Liverpool Developing Pty Ltd v Burwood Council [2018] NSWCCA 56

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Erector Group Pty Ltd v Burwood Council; Liverpool Developing Pty Ltd v Burwood Council [2018] NSWCCA 56 Hearing dates: 16 November 2017 Date of orders: 06 April 2018 Decision date: 06 April 2018 Before: Bathurst CJ at [1]; Hoeben CJ at CL at [134]; Button J at [135] Decision: (1) Appeal allowed.

(2) Set aside the orders made by the primary judge, save for the order as to the costs of the proceeding below, and in lieu thereof make the following orders:

(a) In proceeding 2016/175841:

(i) Liverpool Developing Pty Ltd is convicted of the offence against s 125(1) of the Environmental Planning and Assessment Act 1979 (NSW) as charged.

(ii) Liverpool Developing Pty Ltd is fined $20,000.

(b) In proceeding 2016/175842:

(i) Liverpool Developing Pty Ltd is convicted of the offence against s 125(1) of the Environmental Planning and Assessment Act 1979 (NSW) as charged.

(ii) Liverpool Developing Pty Ltd is fined $15,000.

(c) In proceeding 2016/175925:

(i) Erector Group Pty Ltd is convicted of the offence against s 125(1) of the Environmental Planning and Assessment Act 1979 (NSW) as charged.

(ii) Erector Group Pty Ltd is fined $20,000.

(d) In proceeding 2016/175926:

(i) Erector Group Pty Ltd is convicted of the offence against s 125(1) of the Environmental Planning and Assessment Act 1979 (NSW) as charged.

(ii) Erector Group Pty Ltd is fined $15,000. Catchwords: SENTENCING – Aggravating factors – Substantial harm, injury, loss or damage – offenders carried out development without appointing a principal certifying authority or obtaining a construction certificate contrary to legislation – adjoining building collapsed after excavation occurred – whether damage to adjoining building was caused by contravention of legislation