NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Environment Protection Authority v Keogh [2000] NSWLEC 237 PROSECUTOR Environment Protection Authority PARTIES : DEFENDANT Keogh FILE NUMBER(S) : 50088A of 1998 CORAM: Cowdroy J KEY ISSUES: Contempt :- penalty - gaol sentence for failure to comply with Court order requiring remediation of site - sentence suspended to afford opportunity to defendant to purge contempt - defendant failing to remediate site during period of suspension - application by defendant for further suspension - application refused. LEGISLATION CITED: Land and Environment Court Rules 1996 Pt 6 r 1 Supreme Court Rules 1970 Pt 42 r 12, Pt 44 r 5 CASES CITED: Director of Public Prosecutions v John Fairfax and Sons Limited and Ors (1987) 8 NSWLR 732; R v Smith (1987) 44 SASR 587 DATES OF HEARING: 20/10/00 EX TEMPORE 10/20/2000 JUDGMENT DATE :
PROSECUTOR Mr T Howard (Barrister)
SOLICITORS Environment Protection Authority LEGAL REPRESENTATIVES: DEFENDANT Ms M Painter (Barrister)
SOLICITORS Peter Adams & Co
JUDGMENT:
IN THE LAND AND MATTER No. 50088A of 1998 ENVIRONMENT COURT CORAM: Cowdroy J OF NEW SOUTH WALES DECISION DATE: 20/10/00
Environment Protection Authority Prosecutor v Allan Andrew Keogh Defendant JUDGMENT
1. Before the court are two notices of motion. The first motion was filed by the defendant, and is dated 28 August 2000. The second motion is that of the prosecutor filed on 31 August 2000.
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