Burwood Council v Abdul-Rahman [2017] NSWLEC 104

Burwood Council v Abdul-Rahman [2017] NSWLEC 104

As the time for compliance with the order was not modified by the Court, it remained 28 days from the date of the original order of 3 September 2015; the charge, alleging failure within 28 days of the modified order, was incompetent and is struck out.

Jurisdiction
Australia
Judgment Date
14 August 2017
Procedural Posture
Prosecution / Motion to Strike Out Charge
Outcome
charge struck out
Legal Topics
['compliance With Council Orders' 'modification of Orders' 'prosecution Under Environmental Planning and Assessment Act 1979 (nsw)']
['planning Law'] ['compliance With Council Orders' 'modification of Orders' 'prosecution Under Environmental Planning and Assessment Act 1979 (nsw)']

Case Brief

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Procedural Posture

Prosecution / Motion to Strike Out Charge

Legal Issues

  1. 1 ['Whether the time for compliance with the order was altered by the modified orders' 'Whether the charge for failure to comply with the order within 28 days of the modified order was competent']

Ratio Decidendi

As the time for compliance with the order was not modified by the Court, it remained 28 days from the date of the original order of 3 September 2015; the charge, alleging failure within 28 days of the modified order, was incompetent and is struck out.

Court Disposition

charge struck out

Orders

  • ['The charge as pleaded is incompetent and is struck out.']