Department of Planning and Environment v Chaplin; Department of Planning and Environment v Moolarben Coal Operations Pty Ltd [2020] NSWDC 361

District Court New South Wales

Medium Neutral Citation: Department of Planning and Environment v Chaplin; Department of Planning and Environment v Moolarben Coal Operations Pty Ltd [2020] NSWDC 361 Hearing dates: 8 July 2020 Decision date: 13 July 2020 Jurisdiction: Criminal Before: Scotting DCJ Decision: (1) I grant leave to the prosecutor to file the Third Amended Summons in the form proposed, on or before 4.00pm on 27 July 2020. (2) I direct that the prosecutor serve the Third Amended Summons on or before 4.00pm on 3 August 2020. (3) I reserve the question of costs of the amendment application and the case readiness hearings to date. Catchwords: CRIMINAL PROCEDURE — Indictment — Amendment Legislation Cited: Criminal Procedure Act 1986 District Court Rules 1973 Evidence Act 1995 Work Health and Safety Act 2011 Cases Cited: Ahmad v The Queen [2006] NSWCCA 177 Borodin v R [2006] NSWCCA 83 Cutts v Head [1984] Ch 290 Daya v CX Reinsurance Company Ltd [2012] NSWSC 1621 GPI General Pty Ltd v Industrial Court of New South Wales [2011] NSWCA 157 Hong Kong Bank of Australia Ltd v Murphy (1992) NSWLR 512 Ove Arup Pty Ltd v Industrial Court of New South Wales [(2006) 149 IR 193 R v Deutrom [2018] NTSC 74 R v Lu [2007] NSWSC 1259 R v Stuart NSWCCA unreported 8 March 1996 Rajendran v R [2010] NSWCCA 322 Ramjutton v R [2015] VSCA 309 Category: Procedural and other rulings Parties: Department of Planning and Environment (Prosecutor) Michael Chaplin (Defendant) Moolarben Coal Operations Pty Ltd (Defendant) Representation: Chaplin Counsel: P McDonald SC (Prosecutor) C Magee (Defendant)