Environment Protection Authority v Keogh [2000] NSWLEC 273

Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v Keogh [2000] NSWLEC 273 APPLICANT Environment Protection Authority PARTIES : DEFENDANT KEOGH FILE NUMBER(S) : 50088 of 2000 CORAM: Cowdroy J KEY ISSUES: Prosecution :- application for stay of execution of judgment - custodial sentence - application refused LEGISLATION CITED: Supreme Court Rules 1970 Pt 42 r 12, Pt 44 r 5 Land and Environment Court Rules 1996 Pt 15 r 9 CASES CITED: Farrell v Bridge (1993) 81 LGERA 76 ; Attorney General v Times Newspapers Limited 1974 AC 307 DATES OF HEARING: 27/10/00 EX TEMPORE 10/27/2000 JUDGMENT DATE :

PROSECUTOR Mr T Howard (Barrister)

SOLICITORS Environment Protection Authority

LEGAL REPRESENTATIVES: DEFENDANT Mr W Davison SC with Ms M Painter (Barrister)

SOLICITORS Peter Adams & Co

JUDGMENT:

IN THE LAND AND MATTER No. 50088 of 1998 ENVIRONMENT COURT CORAM: Cowdroy J OF NEW SOUTH WALES DECISION DATE: 27/10/00

Environment Protection Authority Prosecutor v Allan Andrew Keogh Defendant JUDGMENT

1. By notice of motion dated 26 October 2000 the defendant seeks a stay of execution of a judgment of this Court and the orders that were made on 20 October 2000. On that day the commencement of the custodial sentence was postponed for a period of seven days for the express purpose and at the request of the defendant, to allow him to organise his affairs.