Cumberland Council v Tony Younan; Cumberland Council v Ronney Oueik; Cumberland Council v H & M Renovations Pty Ltd [2018] NSWLEC 145

Land and Environment Court New South Wales

Medium Neutral Citation: Cumberland Council v Tony Younan; Cumberland Council v Ronney Oueik; Cumberland Council v H & M Renovations Pty Ltd [2018] NSWLEC 145 Hearing dates: 27 and 28 August 2018; 14 September 2018 Date of orders: 21 September 2018 Decision date: 21 September 2018 Jurisdiction: Class 5 Before: Robson J Decision: See orders at [106] and [107] Catchwords: ENVIRONMENTAL OFFENCES – defendants charged under s 125(1) of Environmental Planning and Assessment Act 1979 (NSW) – offence of carrying out development without a construction certificate where a construction certificate was required – alternative charge of aiding, abetting or procuring carrying out of offence – whether alternative charge available

CRIMINAL LAW – hearing on separate questions before matters proceed to trial – whether proceedings brought out of time – when evidence of the offence was brought to the attention of an investigations officer – whether Land and Environment Court has power to hear proceedings brought in relation to accessorial liability pursuant to common law principles Legislation Cited: Crimes Act 1900 (NSW) ss 3, 351, 351B Criminal Procedure Act 1986 (NSW) s 179 Environmental Planning and Assessment Act 1979 (NSW) ss 9.57, 81A, 85A, 125, 127 Land and Environment Court Act 1979 (NSW) s 55 Cases Cited: Hunter Quarries Pty Ltd v Alexandra Mexon as Administrator for the Estate of the Late Ryan Messenger [2018] NSWCA 178 Giorgianni v The Queen (1985) 156 CLR 473; [1985] HCA 29 Mosman Municipal Council v Waratah Village Partners Pty Ltd [2002] NSWLEC 19; (2002) 118 LGERA 460 National Parks & Wildlife Service v Stables Perisher Pty Ltd (1990) 20 NSWLR 573 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Willoughby City Council v Screnci [2015] NSWLEC 192; (2015) 213 LGERA 238 Category: Principal judgment Parties: Cumberland Council (Prosecutor) Tony Younan (First Defendant) Ronney Oueik (Second Defendant) H & M Renovations Pty Ltd (Third Defendant) Representation: Counsel: A Cheshire SC with M Fozzard (Prosecutor) P Tomasetti SC with J Johnson (Defendants)