NSW Caselaw
Land and Environment Court of New South Wales
CITATION : EPA v Gilmour & Anor [No.4] [2001] NSWLEC 122 PROSECUTOR Environment Protection Authority DEFENDANT PARTIES : Glenn Rex Gilmour PROSECUTOR Environment Protection Authority DEFENDANT Tableland Topdressing Pty Ltd FILE NUMBER(S) : 50006; 50007 of 2000 CORAM: Sheahan J KEY ISSUES: Evidence :- "no case to answer" submission LEGISLATION CITED: Doney v The Queen (1990) 171 CLR 207; CASES CITED: May v O'Sullivan (1955) 92 CLR 654; Zanetti v Hill (1962) 108 CLR 433 DATES OF HEARING: 22/12/2000, written submissions DATE OF JUDGMENT: 01/30/2001
PROSECUTOR Barrister Mr T Howard Solicitor Solicitor for Environment Protection Authority LEGAL REPRESENTATIVES: DEFENDANT Barrister Mr M Baird with Mr M Johnson Solicitor Mr S Rugendyke
JUDGMENT:
IN THE LAND AND Matter No: 50006-7 of 1999 ENVIRONMENT COURT Coram: Sheahan J OF NEW SOUTH WALES 30 January 2001
Matter No.50006 of 1999 ENVIRONMENT PROTECTION AUTHORITY Prosecutor v GLENN REX GILMOUR Defendant
Matter No.50007 of 1999 ENVIRONMENT PROTECTION AUTHORITY Prosecutor v TABLELAND TOPDRESSING PTY LTD Defendant
JUDGMENT Ruling on "no case to answer" submission
1. At the close of the prosecution case on the last hearing day prior to Christmas, i.e. Friday 22 December 2000, Mr Baird, Counsel for both defendants, submitted in writing that the defendant Gilmour had no case to answer.
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