NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Cliftleigh Haulage Pty Limited v Byron Shire Council [2005] NSWLEC 692
APPELLANT Cliftleigh Haulage Pty Limited PARTIES : RESPONDENT Byron Shire Council
FILE NUMBER(S) : 60004 of 2005
CORAM: Talbot J
Appeal :- nature of hearing and evidence to be considered on appeal from magistrate - whether objection to evidence not taken below can be raised on appeal. KEY ISSUES: Prosecution:- lack of proof of essential element of offence - whether remote act of the accused caused the offence.
Crimes (Local Courts Appeal and Review) Act 2001 LEGISLATION CITED: Protection of the Environment Operations Act 1997
Camilleri's Stock Feeds Pty Ltd v Environmental Protection Authority (1993) 32 NSWLR 683; CASES CITED: Empress Car Co. (Abertillery) v Natural Rivers Authority [1998] 1 All ER 481; Histollo Pty Ltd v Director-General of National Parks and Wildlife Service (1998) 45 NSWLR 661
DATES OF HEARING: 16/11/2005-17/11/2005
DATE OF JUDGMENT: 12/01/2005
APPELLANT Mr C J Leggat SC with Mr E Y Ozen (Barrister) SOLICITORS Stacks Forster LEGAL REPRESENTATIVES:
RESPONDENT Mr M L Wright (Barrister) SOLICTORS Marsdens Law Group
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Talbot J
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