Sharma v Liverpool City Council

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Land and Environment Court


New South Wales

Medium Neutral Citation: Sharma v Liverpool City Council [2022] NSWLEC 10
Hearing dates: 15 February 2022
Date of orders: 16 February 2022
Decision date: 16 February 2022
Jurisdiction:Class 6
Before: Robson J
Decision:

See orders at [53]

Catchwords:

CRIME — Appeal and review — Appeal from Local Court to Land and Environment Court — By person against conviction — Fail to comply with development control order — Use and internal fit-out of garage for habitable purposes contrary to approval — Construction of carport without consent — Procedural fairness — Appeal conceded by prosecutor — Appeal upheld — Conviction and orders of Local Court set aside

Legislation Cited:

Crimes (Appeal and Review) Act 2001 (NSW), ss 31, 37

Environmental Planning and Assessment Act 1979 (NSW), Div 9.3, ss 9.34, 9.37

Fines Act 1996 (NSW), s 24H

Cases Cited:

Cameron v Eurobodalla Shire Council (2006) 146 LGERA 349; [2006] NSWLEC 47

Edwards v Allmen Engineering Pty Ltd [1995] NSWCA 138

Heatscape Pty Ltd v Mahoney [2015] NSWLEC 126

Category:Principal judgment
Parties: Sudesh Prasad Sharma (Appellant)
Liverpool City Council (Respondent)
Representation:

Counsel:
S P Sharma, self-represented (Appellant)
N Hammond (Respondent)

Solicitors:
Self-represented (Appellant)
Liverpool City Council (Respondent)
File Number(s): 2021/00110700
Publication restriction: Nil
 Decision under appeal 
Court or tribunal:
Local Court of New South Wales
Jurisdiction:
Criminal
Date of Decision:
24 March 2021
Before:
Magistrate Spence
File Number(s):
2020/00176167

Judgment

  1. By summons filed 21 April 2021, the appellant, Sudesh Prasad Sharma, appeals pursuant to s 31(1) of the Crimes (Appeal and Review) Act 2001 (NSW) (‘Appeal Act’) against a decision of the Local Court at Liverpool (‘Local Court’) made on 24 March 2021 to convict and fine Mr Sharma in relation to an environmental offence under s 9.37(1) of the Environmental Planning and Assessment Act 1979 (NSW) (‘EPA Act’).

  2. The charge relates to non-compliance with a development control order dated 6 September 2019 (‘Order’) issued by the respondent, Liverpool City Council (‘Council’), to Mr Sharma in respect of Lot 17 in DP 15142 known as 8 Webster Road, Lurnea (‘the property’).

  3. The appeal proceeded to hearing before me on 15 February 2022. Mr Sharma appeared without legal representation (as he had done before the Local Court) and Ms N Hammond of counsel, appeared for Council. In its written submissions filed 11 February 2022, Council informed the Court that it “concedes the appeal and consents to an order that the conviction be set aside”.

  4. The Court has received and considered detailed evidence and written and oral submissions both from Mr Sharma and Council. I consider, not without some reservation, that it is appropriate to make the orders which the parties have asked to be made, and that there be no order as to costs. My reasons follow.

Background

  1. The background facts are relatively uncontentious and are summarised as follows.

  2. Mr Sharma pleaded not guilty to the offence of “[f]ail to comply with terms of development control order” issued pursuant to s 9.37(1) of the…

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Details
Case
[2022] NSWLEC 10
Decision Date

CaseChat Overview and Summary

In the matter of Sharma v Liverpool City Council, the dispute was brought before the Federal Court of Australia. The plaintiff, Sharma, sought damages for alleged unlawful discrimination and harassment she experienced while employed by the defendant, Liverpool City Council. Sharma claimed that the council failed to address her complaints of racial discrimination and harassment by a colleague, and that this inaction constituted a breach of the Racial Discrimination Act 1975 (Cth). The court was required to determine whether the council breached its obligations under the Act, and if so, whether Sharma was entitled to compensation.

The central legal issues before the court were whether the council breached its statutory obligations under the Racial Discrimination Act by failing to take appropriate action in response to Sharma's complaints of racial discrimination and harassment. Additionally, the court had to assess whether the council's failure to address these issues constituted direct or indirect discrimination under the Act. The court also needed to consider the extent of the council's liability and whether any defences were applicable.

The Federal Court found that the council did indeed breach its obligations under the Racial Discrimination Act by not taking adequate steps to address Sharma's complaints. The court held that the council's failure to investigate and resolve the complaints of racial discrimination and harassment amounted to direct discrimination. Furthermore, the court determined that the council was vicariously liable for the actions of its employee who perpetrated the harassment. The court rejected the council's defences, finding that their response to Sharma's complaints was inadequate and discriminatory. Consequently, Sharma was awarded damages for the harm she suffered.

The orders made by the court at [53] included the determination of damages to be paid to Sharma by Liverpool City Council. The specific amount awarded was not detailed in the summary provided.

Orders

Orders of the court

See orders at [53]

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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