Orr v Hunter Quarries Pty Ltd (No 2) [2022] NSWCCA 138

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Orr v Hunter Quarries Pty Ltd (No 2) [2022] NSWCCA 138 Hearing dates: On the papers Date of orders: 22 June 2022 Decision date: 22 June 2022 Before: Beech-Jones CJ at CL at [1] Walton J at [13] Price J at [14] Decision: Steven James Orr is to pay the costs of Hunter Quarries Pty Ltd of and incidental to the referral to this Court of the questions that were ultimately determined in Orr v Hunter Quarries Pty Ltd [2022] NSWCCA 39 Catchwords: COSTS – questions of law submitted by a prosecutor pursuant to s 5AE – prosecutor sought to "appeal" trial judge's decision – costs order made – no question of principle Legislation Cited: Criminal Appeal Act 1912 Supreme Court (Criminal Appeal) Rules 2021 Work Health and Safety Act 2011 Cases Cited: Environment Protection Authority v Grafil Pty Ltd; Environment Protection Authority v Mackenzie (No 2) [2019] NSWCCA 202 Orr v Cobar Management Pty Limited [2020] NSWCCA 220 Orr v Hunter Quarries Pty Ltd [2022] NSWCCA 39 Taylor v Environment Protection Authority (2000) 50 NSWLR 48; [2000] NSWCCA 71 Category: Costs Parties: Stephen James Orr (Applicant) Hunter Quarries Pty Ltd (Respondent) Representation: Counsel: K Nomchong SC, C Magee (Applicant) J Glissan QC, D Nagle (Respondent)

Solicitors: McCullough Robertson Lawyers (Applicant) Lancaster Law & Mediation (Respondent) File Number(s): 2016/266431 Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Citation: [2019] NSWDC 634; [2020] NSWDC 307; [2021] NSWDC 171 Date of Decision: 8 November 2019; 18 June 2020; 13 May 2021 Before: Russell SC DCJ File Number(s): 2016/266431