Secretary, Department of Planning and Environment v Namoi Valley Farms Pty Ltd (No 7) [2022] NSWLEC 83

Land and Environment Court New South Wales

Medium Neutral Citation: Secretary, Department of Planning and Environment v Namoi Valley Farms Pty Ltd (No 7) [2022] NSWLEC 83 Hearing dates: 21 June 2022 Decision date: 07 July 2022 Jurisdiction: Class 5 Before: Pain J Decision: The Defendant's notice of motion dated 10 June 2022 is dismissed. Catchwords: COSTS – defendant seeks costs order following withdrawal of prosecution Legislation Cited: Criminal Procedure Act 1986 (NSW), ss 247K, 257A, 257C, 257D, 257G Justices Act 1902 (NSW) (repealed), s 81 Native Vegetation Act 2003 (NSW) (repealed), s 42 Cases Cited: Environment Protection Authority v Bulga Coal Management Pty Ltd (No 2) (2014) 202 LGERA 203; [2014] NSWLEC 70 Fosse v Director of Public Prosecutions [1999] NSWSC 367 Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705; [2001] NSWCA 305 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541; [2018] HCA 30 Natural Resources Access Regulator v Harris; Natural Resources Access Regulator v Timmins (No 2) [2021] NSWLEC 18 Pittwater Council v A1 Professional Tree Recycling Pty Ltd (No 3) (2009) 165 LGERA 6; [2009] NSWLEC 21 Port Macquarie-Hastings Council v Lawlor Services Pty Ltd (No 7) (2008) 139 LGERA 87; [2008] NSWLEC 75 Secretary, Department of Planning and Environment v Namoi Valley Farms Pty Ltd (No 2) [2022] NSWLEC 56 Southon & Ors v Gordon Plath on behalf of the Department of Environment and Climate Change (2010) 181 LGERA 352; [2010] NSWCCA 292 Category: Costs Parties: Secretary, Department of Planning and Environment (Prosecutor) Namoi Valley Farms Pty Ltd (Defendant) Representation: Counsel: D Buchanan SC with A Garsia (Prosecutor) J Ireland QC with A Connolly (Defendant)