Director General, NSW Department of Industry & Investment v Mato Investments Pty Ltd & Ors (No 2) [2010] NSWLEC 196

Land and Environment Court of New South Wales

CITATION : Director General, NSW Department of Industry & Investment v Mato Investments Pty Ltd & Ors (No 2) [2010] NSWLEC 196

PROSECUTOR: Director General, NSW Department of Industry & Investment

FIRST DEFENDANT: Mato Investments Pty Ltd

PARTIES : SECOND DEFENDANT: Ian Charles Bennett

THIRD DEFENDANT: Dzeladin Ceman

FOURTH DEFENDANT: James Lawrence Coomes

FILE NUMBER(S) : 50052; 50053; 50054; 50055; 50056; 50057; 50058; 50059; 50060; 50061; 50062; 50063; 50064; 50065; 50066; 50067 of 2009

CORAM: Biscoe J

KEY ISSUES: PROSECUTION :- application by three of four defendants to postpone their joint trials due to their inability to obtain legal representation by the trial dates due to changed financial circumstances - whether their joint trials should be postponed - whether the trial of fourth defendant should nevertheless proceed - whether fourth defendant's costs thrown away and relating to the postponement application should be paid by other defendants.

Criminal Procedure Act 1986, ss 29(3), 216(2) LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 125(1) Fisheries Management Act 1994, s 220ZD(1) Legal Aid Commission Act 1979, s 57

Director General, NSW Department of Industry & Investment v Mato Investments Pty Ltd & Ors [2010] NSWLEC 56 CASES CITED: Dietrich v R (1992) 177 CLR 292 R v Fernando [1999] NSWCCA 66 Philopos v R [2008] NSWCCA 66