Heatscape Pty Ltd v Mahoney

Land and Environment Court New South Wales Medium Neutral Citation: Heatscape Pty Ltd v Mahoney [2015] NSWLEC 126 Hearing dates:4 and 5 August 2015Date of orders: 07 August 2015 Decision date: 07 August 2015 Jurisdiction:Class 6Before: Pepper J Decision: Application to adduce fresh evidence refused. Application to call evidence from a person refused. Catchwords: APPEAL: Class 6 appeal against conviction and sentence in Local Court – whether appellant should be allowed to adduce fresh photographic evidence purportedly of unlawful development – provenance of photographs unknown – not in interests of justice to adduce fresh evidence – photographs otherwise inadmissible - application by appellant for council worker to attend and give evidence in order to identify subject matter of photographs – notice of application not served – no substantial reason in the interest of justice why the Court should direct person to attend and give evidence – applications refused.   EVIDENCE: whether photographs of unknown building taken by unidentified person at a time not known relevant evidence in respect of appeal against either conviction or sentence – whether photographs hearsay – evidence inadmissible. Legislation Cited: Crimes (Appeal and Review) Act 200, ss 31, 37, 38   Environmental Planning and Assessment Act 1979, ss 76A, 125   Evidence Act 1995, ss 55, 56, 59, 135   Gloucester Local Environmental Plan 2010, cls 3.1, 5.10 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, Cases Cited: Advance Arbor Service Pty Ltd v Strathfield Municipal Council [2006] NSWLEC 485   Blacktown City Council v Hocking [2008] NSWCA 144  ...