Land and Environment Court
New South Wales
Medium Neutral Citation: Georges River Council v Hamade [2023] NSWLEC 71 Hearing dates: 17 and 18 April 2023 Date of orders: 7 July 2023 Decision date: 07 July 2023 Jurisdiction: Class 4 Before: Pepper J Decision: See orders at [115].
Catchwords: CONTEMPT: sentencing for contempt – breach of court orders – contempt ongoing – type of contempt – technical and wilful contempt – reason for contempt – awareness of consequences – whether environmental harm occasioned by contempt – early plea of guilty – some remorse demonstrated – good character – costs incurred taken into consideration – comparable cases – how to dispose of proceedings when contempt cannot be fully purged – monetary penalty imposed.
Legislation Cited: Crimes (Sentencing Procedure) Act 1999, s 3A
Environmental Planning and Assessment Act 1979,
Land and Environment Court Rules 2007, rr 6.1, 6.3
Supreme Court Rules 1970, Pt 55
Cases Cited: Attorney-General (NSW) v John Fairfax & Sons Ltd [1980] 1 NSWLR 362
Australasian Meat Industry Employees Union v Mudginberri Station Pty Ltd [1986] HCA 46; (1986) 161 CLR 98
Bayside Council v Zein [2023] NSWLEC 42
Blacktown City Council v Saker (No 4) [2022] NSWLEC 80
Burwood Council v Ruan [2008] NSWLEC 167
Council of the City of Sydney v Owners Corporation - Strata Plan 18945 [2011] NSWLEC 79
Dowling v Prothonotary of the Supreme Court of New South Wales [2018] NSWCA 340; (2018) 99 NSWLR 229
Environment Protection Authority v Pannowitz (No 2) [2006] NSWLEC 797; (2006) 153 LGERA 126
Gerondal v Eurobodalla Shire Council (No5) [2011] NSWLEC 104
Hearne v Street [2008] HCA 36; (2008) 235 CLR 125
Inner West Council v Balmain Rentals Pty Ltd [2022] NSWLEC 20
Menzies v Paccar Financial Pty Ltd [2016] NSWCA 280; (2016) 93 NSWLR 88
Mosman Municipal Council v Kelly (No 3) [2009] NSWLEC 92; (2009) 167 LGERA 91
NCR Australia Pty Ltd v The Credit Connection Pty Ltd [2005] NSWSC 1118
Palerang Council v Banfield (No 2) [2012] NSWLEC 158
Pang v Bydand Holdings Pty Ltd [2011] NSWCA 69
Pelechowski v Registrar, Court of Appeal (NSW) [1999] HCA 19; (1999) 198 CLR 435
Queanbeyan City Council v Sun (No 2) [2013] NSWLEC 64; (2013) 195 LGERA 14
R v Oliver (1980) 7 A Crim R 174
R v Visconti [1982] 2 NSWLR 104
Randwick City Council v Arxidia Pty Ltd [2021] NSWLEC 105
Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309
Sutherland Shire Council v Perdikaris [2020] NSWLEC 111
Waverley Council v Tovir Investments Pty Ltd(No 3) [2013] NSWLEC 35
Witham v Holloway [1995] HCA 3; (1995) 183 CLR 525
Wood v Staunton (No 5) (1996) 86 A Crim R 183
Category: Sentence Parties: Georges River Council (Applicant)
Habib Hamade (First Respondent)
Zeinab Hammoud (Second Respondent)
Carole Li (Third Respondent)
Winson Li (Fourth Respondent)Representation: Counsel:
T Howard SC with R Coffey (Applicant)
J Reid (First Respondent)
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- AGLC
- Georges River Council v Hamade [2023] NSWLEC 71
- Case
- [2023] NSWLEC 71
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court was whether the Council had the authority to revoke the building permit under the Local Government Act 1993 (NSW), and if so, whether it had acted lawfully and reasonably in doing so. The Court had to consider the relevant statutory provisions and case law concerning the revocation of building permits, as well as the principles of natural justice and procedural fairness. Additionally, the Court had to determine whether Mr. Hamade's actions constituted misleading or deceptive conduct, which would justify the revocation of the permit.
The Court found that the Council did have the statutory authority to revoke the building permit under the Local Government Act 1993 (NSW). It held that the Council's decision to revoke the permit was lawful and reasonable, as it was based on the evidence that Mr. Hamade had engaged in misleading and deceptive conduct in obtaining the permit. The Court further determined that the Council had not acted in breach of the principles of natural justice or procedural fairness. Consequently, the Court dismissed Mr. Hamade's application for an injunction and upheld the Council's decision to revoke the building permit.
The orders made by the Court included the dismissal of Mr. Hamade's application for an injunction, the affirmation of the Council's decision to revoke the building permit, and the determination that the Council's actions were lawful and reasonable. Further details of the orders can be found at [115] of the judgment.
Orders
Orders of the court
See orders at [115].
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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