NSW Caselaw
Reported Decision : 135LGERA 277
Land and Environment Court of New South Wales
CITATION : Director General Land And Water Conservation v Greentree [2004] NSWLEC 466 PROSECUTOR: Director General Land And Water Conservation PARTIES : DEFENDANT: Greentree FILE NUMBER(S) : 50039-42; 50053-54 of 2001 CORAM: Bignold J KEY ISSUES: Practice and Procedure :- pre-trial direction that in pending criminal proceedings expert evidence in chief be given by affidavit rather than by oral testimony at the trial. Land and Environment Court Act, ss 23, 41 LEGISLATION CITED: Land and Environment Court Rules Pt 1 r 5B; Pt 6 r 2 Supreme Court Rules Pt 75 r 11 Criminal Procedure Act 1986, s 38 Butera v Director of Public Prosecutions for Victoria (1987) 164 CLR 180 AT 189; DJL v The Central Authority (2000) 201 CLR 226 at 240/241; CASES CITED: Lane v Jurd (No 2) (1995) 40 NSWLR 708; Lindsay Owen v Lake [2000] NSWSC 1046; LMI Australasia Pty Ltd v Baulderstone Hornibrook Pty Ltd (2001) 53 NSWLR 31; State Pollution Control Commission v Australian Iron and Steel Pty Ltd (1993) 29 NSWLR 487 DATES OF HEARING: 19/08/2004 DATE OF JUDGMENT: 08/20/2004
PROSECUTOR: Mr R Cogswell SC, NSW Crown Advocate SOLICITORS State Crown Solicitor
LEGAL REPRESENTATIVES: DEFENDANT: Mr S Littlemore QC with Ms Lane, Barrister SOLICITORS Pricewaterhouse Coopers
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