Kogarah City Council v El Khouri

Land and Environment Court New South Wales Medium Neutral Citation: Kogarah City Council v El Khouri [2014] NSWLEC 196 Hearing dates:16 October 2014Decision date: 24 December 2014 Jurisdiction:Class 6Before: Preston CJ Decision: 1. The appeal is dismissed.2. The appellant is to pay the respondents' costs of the appeal. Catchwords: APPEAL - appeal against order for costs by Local Court against prosecutor - prosecution for environmental offence - prosecutor failed to adduce evidence on an element of offence - Local Court ruled defendants had no case to answer and dismissed proceedings - Local Court ordered prosecutor to pay the professional costs of the defendants - prosecutor appealed costs order on questions of law - whether Court below erred in consideration of exceptional circumstances - whether Court below erred by taking into account an irrelevant consideration of the emotional and financial burden on the defendants by the bringing of the charges - whether Court below erred in not considering a relevant consideration of the polluter pays principle - whether Court below erred in not considering admissions made by the defendants - Court below did not err on any question of law - appeal dismissed - appellant ordered to pay the respondents' costs of the appeal Legislation Cited: Criminal Procedure Act 1986 ss 213, 214 Crimes (Appeal and Review) Act 2001 s 42(2B), 44(1) and (2) Environmental Planning and Assessment Act 1979 ss 76A, 125 Cases Cited: Environment Protection Authority v Bulga (No 2) [2014] NSWLEC 70; (2014) 202 LGERA 203 Halpin v...