Mr Smith owns a warehouse in an industrial area. Mr Smith has leased out the warehouse to a tenant. The tenant has advertised the warehouse on AirB&B as a backpackers hostel.

The local council has commenced a prosecution pursuant to the Planning and Development Act 2005 (WA) against Mr Smith, as the landlord.  This is because backpackers hostels are not allowed to be run in industrial areas, pursuant to the local town planning scheme.

Mr Smith seeks a lawyer to defend the prosecution.