Investments (WA) Pty Ltd v City of Swan [No 2]

[2013] WASCA 251

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Defences
3. › Honest claim of right
4. › Section 22 Criminal Code (WA)
5. › Whether mistaken belief as to meaning of planning condition constitutes claim of right or mere ignorance of law
6. › Whether evidential burden discharged
7. › Criminal Code 1913 (WA), s 22
1. Town Planning
2. › Development of land
3. › Conditions of approval
4. › Construction of condition requiring payment before occupation
5. › Whether drainage contribution payable before any stage occupied or only upon completion of entire development
6. › Planning and Development Act 2005 (WA), s 218(c)
1. Criminal Law
2. › Evidential burden
3. › Defence raised on evidence
4. › Whether evidence sufficient to provide proper foundation for defence
5. › Obligation of court to consider defence

Quick Take

A mistaken belief as to the meaning or construction of a condition of a planning approval constitutes ignorance or mistake of law and does not provide a proper foundation for an honest claim of right defence under s 22 of the Criminal Code (WA). The defence requires a claim to a private right arising under civil law, not merely a belief that one's interpretation of a regulatory condition is correct.