NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Malake Elmasri v Liverpool City Council; Fadi Masri v Liverpool City Council [2018] NSWLEC 211 Hearing dates: 12 October 2018 Date of orders: 12 October 2018 Decision date: 12 October 2018 Jurisdiction: Class 6 Before: Moore J Decision: At [43] to [45] Catchwords: APPEALS AGAINST SENTENCE - appeals against fines imposed in the Local Court - offences of carrying out development without consent - consideration of objective and subjective factors - fines reduced Legislation Cited: Crimes (Sentencing Procedure) Act 1999, ss 21A and 22 Environmental Planning and Assessment Act 1979, s76A(1)(a) Fines Act 1996, s 6 Cases Cited: Camilleri's Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Mosman Municipal Council v Menai Excavations Pty Ltd (2002) 122 LGERA 89; [2002] NSWLEC 132 R v Thomson; R v Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309 Category: Principal judgment Parties: Malake Elmasri (Applicant - 168115 of 2018) Fadi Masri (Applicant - 202972 of 2018) Liverpool City Council (Respondent in both matters) Representation: Counsel: Mr E Rahme, solicitor (Applicants) Ms B Bourke, solicitor (Respondent)
Solicitors: Elie Rahme & Associates Pty Ltd (Applicants) Liverpool City Council (Respondent) File Number(s): 168115 of 2018 and 202972 of 2018 Publication restriction: No
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