Secretary Department of Planning, Industry and Environment v Edenmore Farms Pty Ltd; Keelendi Farms Pty Ltd; T J O’Brien Investments Pty Ltd; O’Brien (No 2) [2022] NSWLEC 76

Land and Environment Court New South Wales

Medium Neutral Citation: Secretary Department of Planning, Industry and Environment v Edenmore Farms Pty Ltd; Keelendi Farms Pty Ltd; T J O'Brien Investments Pty Ltd; O'Brien (No 2) [2022] NSWLEC 76 Hearing dates: 20 June 2022 Date of orders: 21 June 2022 Decision date: 21 June 2022 Jurisdiction: Class 5 Before: Pain J Decision: See [41]-[43] Catchwords: CRIMINAL PROCEDURE – application by prosecutor for leave to rely on additional expert evidence – hearing pending in three weeks Legislation Cited: Criminal Procedure Act 1986 (NSW), ss 247E, 247J Evidence Act 1995 (NSW), s 79 Land and Environment Court Act 1979 (NSW), s 68 Cases Cited: Secretary, Department of Planning and Environment v Namoi Valley Farms Pty Ltd (No 6) [2022] NSWLEC 62 Secretary, Department of Planning, Industry and Environment v Edenmore Farms Pty Ltd; Keelendi Farms Pty Ltd; T J O'Brien Investments Pty Ltd; O'Brien [2022] NSWLEC 63 Sutherland Shire Council v Benedict Industries [2013] NSWLEC 121 Sutherland Shire Council v Benedict Industries Pty Ltd (No 3) [2015] NSWLEC 97 Category: Procedural rulings Parties: Secretary, Department of Planning Industry and Environment (Prosecutor) Edenmore Farms Pty Ltd (First Defendant) Keelendi Farms Pty Ltd (Second Defendant) T J O'Brien Investments Pty Ltd (Third Defendant) Timothy Justin O'Brien (Fourth Defendant) Representation: Counsel: H El-Hage (Prosecutor) J Ireland QC with A Connolly (Defendant)