Georges River Council v RNA Building Solutions Pty Ltd; Georges River Council v El Saadi [2024] NSWLEC 93

Land and Environment Court New South Wales

Medium Neutral Citation: Georges River Council v RNA Building Solutions Pty Ltd; Georges River Council v El Saadi [2024] NSWLEC 93 Hearing dates: 29 August 2024 Date of orders: 2 September 2024 Decision date: 02 September 2024 Jurisdiction: Class 5 Before: Pritchard J Decision: In proceedings 2023/237804, 2023/237805, 2023/237806, 2023/237812, 2023/237813 and 2023/237814, the Court makes the following orders: (1) The hearing on sentence on 9 September 2024 is vacated. (2) The hearing on sentence is listed for 3 days on 10, 11 and 12 December 2024. (3) On or before 11 September 2024, the defendants to issue any subpoena to produce documents to be made returnable on a date given by the Registry. (4) On or before 27 September 2024, the defendants to: (a) serve on the prosecutor's solicitor a response to the prosecutor's proposed Statement of Agreed Facts; (b) serve on the prosecutor's solicitor a response to the prosecutor's proposed orders under Part 8.3 of the Protection of the Environment Operations Act 1997 (NSW) (POEO Act) (Part 8.3 Orders); and (c) notify the prosecutor if they seek to traverse a plea of guilty in any of the proceedings. (5) On or before 15 October 2024, the defendants to file and serve on the prosecutor's solicitor any lay or expert evidence to be relied on in relation to the Part 8.3 Orders. (6) On or before 4 October 2024, the defendants file and serve any application to traverse a plea of guilty and all evidence in support. (7) If any application to traverse a plea of guilty is filed and served by the defendants, the prosecutor write to the Court and request the notice of motion be listed at the next available opportunity before the Duty Judge. (8) On or before 11 October 2024, the parties file a Statement of Agreed Facts. (9) On or before 1 November 2024, the prosecutor file and serve any further evidence to be relied on in relation to facts in issue, penalty or the Part 8.3 Orders. (10) On or before 15 November 2024, the defendants file and serve: (a) any evidence to be relied on in relation to penalty; and (b) a list of objections to evidence proposed to be relied on by the prosecutor concerning any facts that are in issue. (11) On or before 22 November 2024, the defendants file and serve a list of objections to evidence proposed to be relied on by the prosecutor concerning any facts in issue. (12) On or before 22 November 2024, the prosecutor file and serve any written submissions concerning facts in issue, penalty or the Part 8.3 Orders. (13) On or before 29 November 2024, the defendants file and serve any written submissions concerning facts in issue, penalty or the Part 8.3 Orders. (14) On or before 3 December 2024, the parties file an agreed Court Book and Evidence Book electronically and with two hard copies; the Court Book to be in a different coloured folder to the Evidence Book, and all documents to be printed double-sided. (15) On or before 9 December 2024, the parties each provide a list of authorities and legislation intended to be relied on (with any unreported cases to be provided to the Court) to the hearing judge's associate. (16) On or before 9 December 2024, the parties provide to the hearing judge's associate a draft joint hearing timetable. (17) The proceedings are listed for a case management conference before the hearing judge at 9am on Tuesday, 29 October 2024. (18) The proceedings are listed for a pre-hearing mention before the hearing judge at 9am on Wednesday, 4 December 2024. (19) The parties have liberty to restore the proceedings on 2 days' notice. Catchwords: CRIMINAL PROCEDURE — applications to adjourn sentencing hearing — s 40(1) of the Criminal Procedure Act 1986 (NSW) — application granted Legislation Cited: Criminal Procedure Act 1986 (NSW) ss 40, 257F Environmental Planning and Assessment Act 1979 (NSW) ss 4.2, 9.50 Protection of the Environment Operations Act 1997 (NSW) Pt 3.8 Cases Cited: Director of Public Prosecutions (NSW) v Yeo (2008) 188 A Crim R 82; [2008] NSWSC 953 Environment Protection Authority v Eveston [2020] NSWLEC 178 Jamal v Director of Public Prosecutions [2013] NSWCA 355 Maxwell v Keun [1928] 1 KB 645 Nitiva v Director of Public Prosecutions [1999] NSWCA 332 R v Alexandroia (1995) 81 A Crim R 286 R v Barca (NSWCCA, 17 August 1978, unreported) R v Cox [1960] VR 665 R v Marchando (2000) 110 A Crim R 337; [2000] NSWCCA 8 R v Sewell [2001] NSWCCA 299 R v Toro-Martinez (2000) 114 A Crim R 533; [2000] NSWCCA 216 Slotboom v R [2013] NSWCCA 18 Walker v Walker [1967] 1 All ER 412; [1967] 1 WLR 327 White v R (2022) 110 NSWLR 163; (2022) 304 A Crim R 62; [2022] NSWCCA 241 Texts Cited: Practice Note Class 5 proceedings Category: Procedural rulings Parties: Georges River Council (Prosecutor) (Respondent on the motion) RNA Building Solutions Pty Ltd (Defendant in proceedings 2023/237804, 2023/237805, 2023/237806) (Applicant on the motion) Ahmad El Saadi (Defendant in proceedings 2023/237812, 2023/837813, 2023/237814) (Applicant on the motion) Representation: Counsel: R Coffey (Prosecutor) Solicitors: HWL Ebsworth (Prosecutor) R Ardino, solicitor and E Patakas, contracted solicitor, Tabar & Associates (Defendants) File Number(s): 2023/237804, 2023/237805, 2023/237806, 2023/237812, 2023/837813, 2023/237814 Publication restriction: Nil