Blacktown City Council v Nitopi (No 2) [2019] NSWLEC 118

Land and Environment Court New South Wales

Medium Neutral Citation: Blacktown City Council v Nitopi (No 2) [2019] NSWLEC 118 Hearing dates: 5 August 2019 Date of orders: 21 August 2019 Decision date: 21 August 2019 Jurisdiction: Class 4 Before: Moore J Decision: See orders at [44] Catchwords: PRACTICE AND PROCEDURE - Notice of Motion seeking to invoke Slip Rule to permit orders that a moiety of the fines imposed in the primary decision be paid to the Applicant - application of Slip Rule - power to award a moiety - orders amended/added to order payment to the Council of half of each fine imposed on the Respondent Legislation Cited: Environmental Planning and Assessment Act 1979, s 124 Fines Act 1996, s122 Land and Environment Court Act 1979, ss 23 and 67 Native Vegetation Act 2003 Uniform Civil Procedure Rules 2005, r 36.15 Cases Cited: Auburn Council v Zizikas and Ors [1999] NSWLEC 222 Blacktown City Council v Nitopi [2019] NSWLEC 40 Chief Executive, Office of Environment and Heritage v Brummell [2019] NSWLEC 114 CTI Joint Venture Company Pty Ltd v CRI Chatswood Pty Ltd (In Liq) (Receivers and Managers Appointed) (No 4) Metro Chatswood Pty Ltd v CRI Chatswood Pty Ltd (In Liq) (Receivers and Managers Appointed) (No 4) CRI Chatswood Pty Ltd (In Liq) (Receivers and Managers Appointed) v Metro Chatswood Pty Ltd (No 4) [2013] NSWLEC 83 DJL v The Central Authority (2000) 201 CLR 226; [2000] HCA 17 Hawkesbury City Council v Foster and Mushroom Composters Pty Ltd (1997) 97 LGERA 12 L. Shaddock & Associates Pty Ltd v Parramatta City Council (No 2) (1982) 151 CLR 590; [1982] HCA 59 Secretary, Department of Planning and Environment v AGL Energy Limited; Secretary, Department of Planning and Environment v AGL Upstream Infrastructure investments Pty Limited [2017] NSWLEC 2 Secretary, Department of Planning and Environment v Boggabri Coal Pty Limited [2014] NSWLEC 154 Category: Consequential orders (other than Costs) Parties: Blacktown City Council (Applicant) Giuseppe Nitopi (Respondent) Representation: Counsel: Mr P Boncardo, barrister (Applicant) No appearance on Notice of Motion (Respondent)