Tweed Shire Council v Furlonger [2014] NSWLEC 156

Tweed Shire Council v Furlonger [2014] NSWLEC 156

The proceeding was dismissed because the s 124 order was not served in a manner authorised by s 710, and the defendant was unaware of the order, invoking the statutory defence under s 628(5).

Parties
Prosecutor: Tweed Shire Council; Defendant: Jacqueline Furlonger
Jurisdiction
Australia
Judgment Date
30 September 2014
Procedural Posture
Criminal Prosecution / Motion for Summary Dismissal (interlocutory Application)
Outcome
Proceeding dismissed
Legal Topics
Service of Orders, Summary Dismissal, Statutory Defences, Procedural Fairness, Compliance With Council Orders
Local Government Law Criminal Law Service of Orders Summary Dismissal Statutory Defences Procedural Fairness Compliance With Council Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Tweed Shire Council

Prosecutor

Jacqueline Furlonger

Defendant

Procedural Posture

Criminal Prosecution / Motion for Summary Dismissal (interlocutory Application)

Legal Issues

  1. 1 Whether the s 124 order was served in a way authorised by s 710 of the Local Government Act 1993
  2. 2 Whether the defendant was unaware of the order as a statutory defence under s 628(5)
  3. 3 Whether procedural fairness was afforded under Division 2 of Part 2 of Chapter 7 of the Local Government Act 1993

Ratio Decidendi

The proceeding was dismissed because the s 124 order was not served in a manner authorised by s 710, and the defendant was unaware of the order, invoking the statutory defence under s 628(5).

Court Disposition

Proceeding dismissed

Orders

  • The proceeding is dismissed.
  • The exhibits may be returned.