Stewart v City of Belmont

[2016] WASCA 5

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Simple offences
3. › Service of prosecution notice
4. › Postal service on individuals
5. › Whether address was one at which accused last known to reside, work or conduct a business
6. › Criminal Procedure Act 2004 (WA), sch 2 cl 3
1. Criminal Law
2. › Simple offences
3. › Hearing in absence of accused
4. › Whether court satisfied accused properly served
5. › Whether appropriate to proceed in absence where service defective
6. › Criminal Procedure Act 2004 (WA), s 55
1. Local Government
2. › Notices to owners of land
3. › Definition of 'owner'
4. › Whether person in possession or entitled to possession
5. › Effect of bankruptcy on ownership
6. › Local Government Act 1995 (WA), ss 1.4, 3.25
1. Bankruptcy
2. › Effect of bankruptcy on property rights
3. › Vesting of property in trustee
4. › Whether undischarged bankrupt retains legal interest as registered proprietor
5. › Whether undischarged bankrupt entitled to possession of property
6. › Bankruptcy Act 1966 (Cth), s 58
7. › Transfer of Land Act 1893 (WA), ss 58, 234

Quick Take

Postal service of a prosecution notice under Schedule 2 clause 3 of the Criminal Procedure Act 2004 (WA) must be to an address at which the accused was last known to 'reside, work or conduct a business', not merely the last recorded address on the prosecutor's records. An undischarged bankrupt whose property has vested in a trustee in bankruptcy is not 'entitled to possession' of the property and is therefore not the 'owner' for the purposes of s 1.4 of the Local Government Act 1995 (WA) or s 3 of the Health Act 1911 (WA), even though the bankrupt remains the registered proprietor.