Holroyd City Council v Khoury [2011] NSWLEC 157

Holroyd City Council v Khoury [2011] NSWLEC 157

Based on the evidence of service and repeated notices to the Defendant, the Court was satisfied that sufficient notice had been given, justifying the application to proceed in the Defendant's absence under s 250(a) of the Criminal Procedure Act 1986.

Jurisdiction
Australia
Judgment Date
06 September 2011
Procedural Posture
Criminal Prosecution / Application to Proceed Ex Parte Due to Non Appearance of Defendant
Outcome
Application to hear and determine matter in absence of Defendant granted
Legal Topics
['ex Parte Proceedings' 'service of Process' 'adjournment' 'notice Requirements']
['criminal Procedure' 'environmental Law'] ['ex Parte Proceedings' 'service of Process' 'adjournment' 'notice Requirements']

Case Brief

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Procedural Posture

Criminal Prosecution / Application to Proceed Ex Parte Due to Non Appearance of Defendant

Legal Issues

  1. 1 ['Whether sufficient notice and service of documents were effected on the Defendant under s 250(a) Criminal Procedure Act 1986' "Whether the court should exercise its discretion to proceed in Defendant's absence"]

Ratio Decidendi

Based on the evidence of service and repeated notices to the Defendant, the Court was satisfied that sufficient notice had been given, justifying the application to proceed in the Defendant's absence under s 250(a) of the Criminal Procedure Act 1986.

Court Disposition

Application to hear and determine matter in absence of Defendant granted

Orders

  • ["Application under s 250(a) of the Criminal Procedure Act 1986 granted; proceedings to continue in Defendant's absence"]