Environment Protection Authority v The Shell Company of Australia Limited [2001] NSWLEC 66

Reported Decision : 113 LGERA 463

Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v The Shell Company of Australia Limited [2001] NSWLEC 66 PROSECUTOR: Environment Protection Authority PARTIES : DEFENDANT: The Shell Company of Australia Limited FILE NUMBER(S) : 50071 of 1997 CORAM: Bignold J KEY ISSUES: Costs :- successful Defendant in criminal proceedings - entitlement to costs - whether all or part only. LEGISLATION CITED: Land and Environment Court Act 1979, s 52 Latoudis v Casey (1990) 170 CLR 534; CASES CITED: McDonagh v Birdon Dredging Pty Ltd (1998) 99 LGERA 198 at 206; Owen v Willtara Construction Pty Ltd (unreported 11 December 1998) DATES OF HEARING: 3 April 2001 DATE OF JUDGMENT: 04/12/2001

PROSECUTOR: Mr D Buchanan SC, with Mr D Jordan, Barrister SOLICITORS Solicitor Environement Protection Authority LEGAL REPRESENTATIVES: DEFENDANT: Mr G Miller QC with Mr I Hemmings, Barrister SOLICITORS Coudert Brothers

JUDGMENT:

IN THE LAND AND Matter No. 50071 of 1997 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 12 April 2001

ENVIRONMENT PROTECTION AUTHORITY

Prosecutor

v

THE SHELL COMPANY OF AUSTRALIA LIMITED

Defendant

JUDGMENT

Bignold J:

A. INTRODUCTION

1. The Defendant in a successfully defended prosecution charging it with an offence against the Environmental Offences and Penalties Act 1989, s 6(1) seeks by Notice of Motion filed 22 February 2001, an order that the Prosecutor pay the Defendant's costs in the proceedings.