Director-General of the Department of Land and Water Conservation v Prime Grain Pty Limited Director-General of the Department of Land and Water Conservation v Greentree [2001] NSWLEC 159

Land and Environment Court of New South Wales

CITATION : Director-General of the Department of Land and Water Conservation v Prime Grain Pty Limited Director-General of the Department of Land and Water Conservation v Greentree [2001] NSWLEC 159 PROSECUTOR: Director-General of the Department of Land and Water Conservation PARTIES : DEFENDANTS: Prime Grain Pty Limited Ronald Lewis Greentree FILE NUMBER(S) : 50039; 50040; 50041; 50042; 50053; 50054 of 2001 CORAM: Talbot J KEY ISSUES: Practice and Procedure :- subpoena - whether too wide - oppressive - requiring production to establish whether defendant has a defence is "fishing" LEGISLATION CITED: Griebart v Morris (1920) 1 KB 659; CASES CITED: The Commissioner for Railways v Small (1938) 38 SR (NSW) 564; Waind v Hill and National Employers' Mutual General Association Ltd (1978) 1 NSWLR 372 DATES OF HEARING: 05/07/01 DATE OF JUDGMENT: 07/25/2001

PROSECUTOR: Mr D J Galpin (Barrister) SOLICITORS: State Crown Solicitor's Office

LEGAL REPRESENTATIVES: DEFENDENTS: Ms P M Lane (Barrister) SOLICITORS: Tress Cocks & Maddox

JUDGMENT: IN THE LAND AND Matter No. 50039-42; 50053-54 of 2001 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 25 July 2001

Director-General of the Department of Land and Water Conservation Prosecutor