Holroyd City Council v Khoury (No 2) [2011] NSWLEC 158

The Court found beyond reasonable doubt that the defendant was properly served with a demolition order under s 121B of the Environmental Planning and Assessment Act 1979 and failed to comply with it, as the building remained undemolished by the deadline specified in the order.

Jurisdiction: Australia
Judgment Date: 06 September 2011
Procedural Posture: Criminal Prosecution (class 5) / Finding of Guilt After Ex Parte Hearing
Outcome: Defendant found guilty of an offence under s 125(1) of the Environmental Planning and Assessment Act 1979 as particularised in the summons.
Legal Topics: ['failure to Comply With Order' 'service of Notice' 'demolition Order' 'ex Parte Hearing']

['environmental Law' 'criminal Procedure'] ['failure to Comply With Order' 'service of Notice' 'demolition Order' 'ex Parte Hearing']

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Procedural Posture

Criminal Prosecution (class 5) / Finding of Guilt After Ex Parte Hearing

Legal Issues

1 ['Whether the defendant failed to comply with a s 121B notice under the Environmental Planning and Assessment Act 1979 requiring demolition of a house' 'Whether proper service of the order was established']

Ratio Decidendi

Court Disposition

Defendant found guilty of an offence under s 125(1) of the Environmental Planning and Assessment Act 1979 as particularised in the summons.

Orders

['Matter stood over for sentencing so the defendant may attend and make submissions.']