Secretary, Department of Planning and Environment v Keelendi Farms Pty Ltd; Secretary, Department of Planning and Environment v T J O’Brien Investments Pty Ltd; Secretary, Department of Planning and Environment v Edenmore Farms Pty Ltd; Secretary, Department of Planning and Environment v Timothy Justin O’Brien (No 2) [2025] NSWLEC 13

Land and Environment Court New South Wales

Medium Neutral Citation: Secretary, Department of Planning and Environment v Keelendi Farms Pty Ltd; Secretary, Department of Planning and Environment v T J O'Brien Investments Pty Ltd; Secretary, Department of Planning and Environment v Edenmore Farms Pty Ltd; Secretary, Department of Planning and Environment v Timothy Justin O'Brien (No 2) [2025] NSWLEC 13 Hearing dates: 25 and 26 February 2025 Date of orders: 26 February 2025 Decision date: 26 February 2025 Jurisdiction: Class 5 Before: Pepper J Decision: Leave to reopen granted to prosecutor to tender recording of record of interview of a defendant. Catchwords: EVIDENCE: application by prosecutor for leave to reopen after close of defence case – prosecutor seeks to tender a recording of an ROI already in evidence but whose accuracy is now challenged by the defendants - applicable legal principles – whether unfair to allow reopening – very special circumstances exist to warrant the exercise of the discretion to grant leave to reopen. Cases Cited: Dryburgh v The Queen [1961] HCA 54; (1961) 105 CLR 532 Morris v R [2010] NSWCCA 152 Musa v R [2019] NSWCCA 279 Pham v R [2008] NSWCCA 194 R v Chin [1985] HCA 35; (1985) 157 CLR 671 R v Nguyen (1998) 102 A Crim R 577 Secretary, Department of Planning and Environment v Keelendi Farms Pty Ltd; T J O'Brien Investments Pty Ltd; Edenmore Farms Pty Ltd; Timothy Justin O'Brien [2025] NSWLEC 8 Shaw v R [1952] HCA 18; (1952) 85 CLR 365 Wasow v R (1985) 18 A Crim R 348 Category: Procedural rulings Parties: Secretary, Department of Planning and Environment (Prosecutor) Keelendi Farms Pty Ltd (Defendant) T J O'Brien Investments Pty Ltd (Defendant) Edenmore Farms Pty Ltd (Defendant) Timothy Justin O'Brien (Defendant) Representation: Counsel: H El-Hage SC with T Hammond (Prosecutor) J Ireland KC (solicitor) with A Connolly (Defendants)