NSW Caselaw
Land and Environment Court of New South Wales CITATION: Byron Shire Council v Vigden CJ & Donna's Beach Pty Limited [1999] NSWLEC 121
PARTIES PROSECUTOR Byron Shire Council
DEFENDANT Vigden CJ & Donna's Beach Pty Limited
NUMBER: 50148-51 of 1998
CORAM: Cowdroy AJ
KEY ISSUES: Environmental Offences :- Prosecution - failure of prosecutor to file affidavits in support of summonses - delay resulting in prejudice to defendants - failure of prosecutor to explain delay - permanent stay of proceedings necessary to prevent injustice
LEGISLATION CITED: Land & Environment Court Act 1979 Land & Environment Court Rules 1996
DATES OF HEARING: 05/24/1999
DATE OF JUDGMENT DELIVERY: 06/01/1999
PROSECUTOR Mr W R Davison SC
SOLICITORS Wroth Wall LEGAL REPRESENTATIVES: DEFENDANT Mr J J Webster
SOLICITORS Halliday & Stainlay
JUDGMENT: Background
1. On 7 May 1999 judgment was delivered in relation to notices of motion which had been filed in each of the above proceedings. In summary the Court determined that the summonses which had been issued to each of the defendants were not invalid and the prosecutions could continue. The proceedings have now been returned to the Court in response to a further notice of motion filed in each of the proceedings by the defendants seeking orders that the prosecution be permanently stayed.
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