Keir & Anor v Sutherland Shire Council [2004] NSWLEC 754

Keir & Anor v Sutherland Shire Council [2004] NSWLEC 754

It is appropriate to reduce the total penalty to reflect the circumstances, the pleas of guilty, and to ensure the penalty is proportionate, sending a strong message about the seriousness of unauthorised building work. However, no order for costs is appropriate for either party, even though the appeal partially succeeded, due to the underlying serious breach.

Jurisdiction
Australia
Judgment Date
07 December 2004
Procedural Posture
Appeal / Judgment
Outcome
Appeal by Adel Keir dismissed; appeal by Galaxy Constructions & Development Group Pty Ltd upheld in part; penalties revised; no costs order for appeal.
Legal Topics
['breach of Development Consent' 'penalties for Unauthorised Building Work' 'appeal Against Penalty' 'modification of Development Consent' 'building Regulations']
['environmental Law' 'local Government Law' 'planning Law'] ['breach of Development Consent' 'penalties for Unauthorised Building Work' 'appeal Against Penalty' 'modification of Development Consent' 'building Regulations']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether penalties imposed for breach of development consent were appropriate' 'Whether separate appeals should have been recorded for each defendant' "Whether the Council's reminder of obligations warranted a more severe penalty" 'Appropriate application of penalties for builders conducting unauthorised building work' 'Entitlement to costs in the appeal']

Ratio Decidendi

It is appropriate to reduce the total penalty to reflect the circumstances, the pleas of guilty, and to ensure the penalty is proportionate, sending a strong message about the seriousness of unauthorised building work. However, no order for costs is appropriate for either party, even though the appeal partially succeeded, due to the underlying serious breach.

Court Disposition

Appeal by Adel Keir dismissed; appeal by Galaxy Constructions & Development Group Pty Ltd upheld in part; penalties revised; no costs order for appeal.

Orders

  • ['Appeal by Mr Adel Keir dismissed.' 'Appeal by Galaxy Constructions and Development Group Pty Ltd upheld.' 'Order made by Magistrate as to penalty against Galaxy Constructions and Development Group Pty Ltd quashed.' 'Galaxy Constructions & Development Group Pty Ltd to pay a fine of $10,000.' 'Mr Keir to pay costs...