NSW Caselaw
Reported Decision : 116 LGERA 269
Land and Environment Court of New South Wales
CITATION : Mantel v Anstee and Anor. [2001] NSWLEC 202 PROSECUTOR: Mantel PARTIES : DEFENDANTS: Anstee and Anor. FILE NUMBER(S) : 50030; 50031 of 2001 CORAM: Bignold J KEY ISSUES: Practice and Procedure :- Prosecutor seeking leave to withdraw charges of environmental offences-Defendant's application for costs in proceedings-Discretion on costs-Disentitling conduct by successful party. Costs in Criminal Cases Act 1967 LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979, s 52 Bailey v Federal Commissioner of Taxation (1977) 136 CLR 214; Environment Protection Authority v Bathurst City Council (1999) 89 LGERA 79; Latoudis v Casey (1990) 170 CLR 534; McEwen v Siely (1972) 21 FCR 131; CASES CITED: Owen v Willtara Constructions Pty Ltd (unreported 11 December 1998); Philliponi v Leithead (1958) 76 WN (NSW) 150; Regina v Phipps Ex parte Alton 1964 2QB 420; Rex (McDonnell) v Tyrone Justices (1912) 2 IR 443; The Queen - Dainer Ex parte Milevich (1988) 91 FCR 33 DATES OF HEARING: 7 June, 2001; Written submissions-26 June 2001 and 29 June 2001 DATE OF JUDGMENT: 08/31/2001
PROSECUTOR Ms C Schofield, Solicitor SOLICITORS Pike Pike and Fenwick
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