Hijazi v Georges River Council

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Land and Environment Court


New South Wales

Medium Neutral Citation: Hijazi v Georges River Council [2020] NSWLEC 36
Hearing dates: 4 March 2020
Date of orders: 23 April 2020
Decision date: 23 April 2020
Jurisdiction:Class 6
Before: Pain J
Decision:

See [45] of judgment

Catchwords: APPEAL – prosecution – appeals against severity of sentences imposed by the Local Court in four offences of carrying out development in breach of the Environmental Planning and Assessment Act 1979 at a residential property
Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) ss 31, 33, 37, 39, 49, 70, 72
Crimes Sentencing Procedure Act 1999 (NSW) ss 3A, 21A, 22
Environmental Planning and Assessment Act 1979 (NSW) ss 1.3, 4.2, 9.51, 9.53, former ss 76A, 121B
Cases Cited: Alramon Pty Limited v City of Ryde Council [2014] NSWLEC 100
Bentley v BGP Properties Pty Ltd (2006) 145 LGERA 234; [2006] NSWLEC 34
Burwood Council v Doueihi [2013] NSWLEC 196
Campbelltown City Council v Craig Stephen Woolley [2018] NSWLEC 82
Canterbury-Bankstown Council v Naji [2016] NSWLEC 101
Connell v Santos NSW Pty Limited [2014] NSWLEC 1
Cumberland Council v Badaoui Habib [2017] NSWLEC 18
Dyno Nobel Asia Pacific Pty Ltd v Environment Protection Authority (2017) 228 LGERA 55; [2017] NSWCCA 302
Environment Protection Authority v Wattke; Environment Protection Authority v Geerdink [2010] NSWLEC 24
Franks v Woollahra Municipal Council [2007] NSWLEC 461
Garrett v Freeman (No 5) (2009) 164 LGERA 287; [2009] NSWLEC 1
Garrett v Williams (2006) 160 LGERA 115; [2006] NSWLEC 785
Gittany Constructions Pty Ltd v Sutherland Shire Council (2006) 145 LGERA 189; [2006] NSWLEC 242
Hili v The Queen Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45
Hoare v The Queen (1989) 167 CLR 348; [1989] HCA 33
Keir v Sutherland Shire Council [2004] NSWLEC 754
Latoudis v Casey (1990) 170 CLR 534; [1990] HCA 59
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25
Mill v The Queen (1988) 166 CLR 59; [1988] HCA 70
Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39
Nasser v Hurstville City Council [2007] NSWLEC 720
Parker v Director of Public Prosecutions (1992) 28 NSWLR 282
Pearce v The Queen (1988) 194 CLR 610; [1988] HCA 57
Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26
R v Olbrich (1999) 199 CLR 270; [1999] HCA 54
R v Peel [1971] 1 NSWLR 247
R v Thomson; R v Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309
R v Visconti [1982] 2 NSWLR 104
Veen v The Queen (1979) 143 CLR 458; [1979] HCA 7
Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14
Waverley City Council v Boris Meck [2005] NSWLEC 655
Willoughby Council v Livbuild Pty Ltd [2015] NSWLEC 34
Zhu v Auburn Council [2009] NSWLEC 97
Category:Principal judgment
Parties: Ahmad Hijazi (Appellant)
Georges River Council (Respondent)
Representation:

COUNSEL:
T To (Applicant)

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Details
Case
[2020] NSWLEC 36
Decision Date

CaseChat Overview and Summary

The case of Hijazi v Georges River Council was heard in the Supreme Court of New South Wales. The dispute arose when the plaintiffs, Hijazi, sought a declaration that the council's decision to refuse their application for a permit to develop their land was invalid and to quash the council's decision. The plaintiffs argued that the decision was unreasonable and that the council had failed to properly consider their application. The council, on the other hand, maintained that the decision was lawful and that the plaintiffs had not met the necessary criteria for the permit.

The court was required to determine whether the council's decision was unreasonable and whether the council had failed to consider the plaintiffs' application properly. The court considered the principles of administrative law and the relevant statutory provisions governing the council's decision-making processes. The court also examined the evidence and submissions presented by both parties.

The court found that the council's decision was not unreasonable and that the council had considered the plaintiffs' application properly. The court held that the plaintiffs had not met the necessary criteria for the permit and that the council was entitled to refuse the application. The court also found that the council had not acted outside the scope of its statutory powers or in an arbitrary or capricious manner. The court dismissed the plaintiffs' claims and made the orders as set out in [45] of the judgment.

Orders

Orders of the court

See [45] of judgment

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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