Able Lott Holdings Pty Ltd v. City Of Fremantle (2012)
WASCA 39
The Able Lott case was heard by the Court of Appeal on 14
December 2011 with the decision handed down by Pullin JA on 23
February 2012.
While the case involved fines imposed under Section 223 of the
Planning and Development Act 2005 prior to its amendment,
the approach by the Magistrate at first instance, and by the Judges
on the subsequent appeals, illustrates the principles which are
likely to apply.
At the time of the offence, Section 223 of the Planning and
Development Act 2005 provided a general penalty of a fine of
$50,000 and a further fine of $5,000 for each day. As the developer
was a body corporate, those sums were increased by five times, so
that the maximum penalty was $250,000 and the maximum daily penalty
was $25,000.
