Council of the City of Sydney v Trico Constructions Pty Ltd

The City of Sydney Council brought an action against Trico Constructions Pty Ltd, a construction company, in the Local Court of New South Wales. The Council accused Trico of contravening a condition of its development approval by carrying out construction work without the necessary permits. The dispute centred around whether Trico had breached the stipulated conditions of its development approval by undertaking construction activities without the required permits.

The court had to determine whether Trico had indeed contravened the specified conditions of its development approval by proceeding with construction activities in the absence of the necessary permits. The central issue was whether the Council had provided sufficient evidence to establish that Trico had breached the conditions of its development approval. Additionally, the court needed to consider whether the penalties imposed by the Council were proportionate and lawful.

The court found that the City of Sydney Council had provided adequate evidence to demonstrate that Trico had contravened the conditions of its development approval. The Council had shown that Trico had carried out construction work without the necessary permits, which was a clear breach of the approved conditions. The court also determined that the penalties imposed by the Council were lawful and proportionate to the offence committed. As a result, the court found Trico guilty of the offence and imposed a fine of $46,750. Furthermore, the court ordered Trico to pay the prosecutor's costs incurred on and after 18 November 2014, in an amount to be determined under section 257G of the Criminal Procedure Act 1986.