Land and Environment Court
of New South Wales
CITATION: Liverpool City Council v L Cauchi Liverpool City Council v M A Farrugia t/as D&M Farrugia Excavating Liverpool City Council v D Farrugia t/as D&M Farrugia Excavating Liverpool City Council v J&L Cauchi Pty Ltd Liverpool City Council v J Cauchi [2005] NSWLEC 675
PARTIES: Liverpool City Council
Louise Cauchi (Def)
Joseph Cauchi (Def)
J & L Cauchi (Def)
M A Farrugia (Def)
D Farrugia (Def)FILE NUMBER(S): 50115; 50116; 50117; 50118; 50119 of 2003
CORAM: McClellan CJ
KEY ISSUES: Prosecution :- Not guilty plea
Failure to comply with clean up notice
Defence of reasonable excuse
Procedural fairnessLEGISLATION CITED: Environmental Planning & Assessment Act 1979
Protection of the Environment Operations Act 1997
Local Government Act 1919CASES CITED: Attorney General (Commonwealth) v Breckler (1999) 197 CLR 83;
Cooper v Wandsworth Board of Works (1863) 14 CB(NS) 180 [143 ER 414];
Cox & Hazell Pty Ltd v Gidney (1981) 1 NSWLR 468;
Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 Calvin v Carr [1980] AC 574;
Ousley v R (1997) 192 CLR 69;
Plaintiff S157/2002 v The Commonwealth of Australia (2003) 211 CLR 476;
R v Electricity Commissioners; Ex parte London Electricity Joint Committee Co (1920) Ltd [1924] 1 KB 171;
Twist v The Council of the Municipality of Randwick (1976) 136 CLR 106DATES OF HEARING: 1-3 August 2005 EX TEMPORE JUDGMENT DATE: 08/03/2005
LEGAL REPRESENTATIVES: I J Hemmings (Prosecutor)
M S Henry (Counsel - Cauchi)
Matthews Folbigg (Sol - Prosecutor)
P S Barham ((Counsel - Farrugia)
Balmain Lawyers (Sol - Cauchi)
Stoikovich Macri (Sols - Farrugia)
JUDGMENT:
THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALESMcCLELLAN CJ
WEDNESDAY 3 AUGUST 2005
JUDGMENT – On motion for dismissal of proceedings; see p 246 of transcript50115/03 LIVERPOOL CITY COUNCIL v L CAUCHI
50116/03 LIVERPOOL CITY COUNCIL v M A FARRUGIA (trading as D&M Farrugia Excavating)
50117/03 LIVERPOOL CITY COUNCIL v D FARRUGIA (trading as D&M Farrugia Excavating)
50118/03 LIVERPOOL CITY COUNCIL v J&L CAUCHI PTY LTD
50119/03 LIVERPOOL CITY COUNCIL v J CAUCHI
1 HIS HONOUR: The defendants in these proceedings bring a motion for their dismissal. There are five separate proceedings and accordingly five different defendants. Two of the defendants are Mrs L Cauchi and Mr J Cauchi, a husband and wife, who are the directors and shareholders of the company, J&L Cauchi Pty Ltd, which is another defendant.
2 The other two defendants are Mrs MA Farrugia and Mr D Farrugia, who are also husband and wife, who have carried on the business of D&M Farrugia and who, after the alleged offences occurred, were the shareholders and directors of Farrugia Excavating Pty Ltd.
3 The proceedings arise from events which occurred on land known as 81 Greendale Road, Greendale. That property is owned by Mr and Mrs Galea. It is a property of some 11 hectares in area and, when purchased by the Galeas…
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- Case
- [2005] NSWLEC 675
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