MKP Management Pty Ltd v Shire of Kalamunda

The appellant, MKP Management Pty Ltd, was convicted by the Magistrates Court of Western Australia for contravening section 10(a) of the Building Act 2011 (WA). The company was found to have engaged in demolition work on its property without a required demolition permit. The appellant appealed against the conviction, arguing that it could not be held criminally responsible under the Criminal Code (WA) for the contravention. The appeal was heard by the District Court of Western Australia.

The primary legal issue before the court was whether MKP Management Pty Ltd could be held criminally liable under section 7(a) or section 7(d) of the Criminal Code (WA) for the contravention of section 10(a) of the Building Act 2011 (WA). Section 7(a) holds a person criminally responsible if they did the act that constituted the offence, while section 7(d) holds a body corporate criminally responsible if the offence was committed with the consent, connivance or approval of, or was attributable to any neglect by, a director, officer, employee or agent of the body corporate acting in their capacity. The court needed to determine if the corporate appellant could be held liable under either of these provisions.

The court considered the principles of corporate criminal liability and held that MKP Management Pty Ltd could be held criminally responsible if the contravention was committed with the consent, connivance or approval of, or was attributable to any neglect by, a director, officer, employee or agent of the body corporate acting in their capacity. The court found that the demolition work was carried out without a permit due to the neglect of the appellant's duty to ensure compliance with the Building Act. Consequently, the appeal was dismissed, and the conviction was upheld.

The court made no specific orders as the appeal was dismissed. However, the conviction stands, and MKP Management Pty Ltd remains liable for the contravention of section 10(a) of the Building Act 2011 (WA).