NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Wollongong City Council v Ensile Pty Limited; Wollongong City Council v Hogarth (No 9) [2008] NSWLEC 248
Wollongong City Council (Prosecutor) PARTIES : Ensile Pty Limited (Defendant) Robert Martin (aka Bob) Hogarth (Defendant)
FILE NUMBER(S) : 50019 of 2007; 50021 of 2007; 50047 of 2007; 50048 of 2007
CORAM: Jagot J
KEY ISSUES: Costs :- summons dismissed - application for professional costs under the Criminal Procedure Act 1986 - whether investigation into alleged offence was conducted in an unreasonable or improper manner - whether proceedings were initiated without reasonable cause - whether the prosecutor unreasonably failed to investigate (or to investigate properly) any relevant matter of which it was aware or ought reasonably to have been aware and which suggested the accused might not be guilty - costs awarded to the defendants.
Costs in Criminal Cases Act 1967 Crimes (Appeal and Review) Act 2001 Criminal Procedure Act 1986 LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Heritage Act 1977 Legal Profession Act 2004 Justices Act 1902
Burns v Seagrave [2000] NSWSC 77 Canceri v Taylor (1994) 123 ALR 667 Cliftleigh Haulage Pty Ltd v Byron Shire Council [2007] NSWCCA 13 Council of Kangan Batman Institute of Technology and Further Education v Australian Industrial Relations Commission (2006) 156 FCR 275 Fosse v DPP [1999] NSWSC 367 Halpin v Department of Gaming and Racing [2007] NSWSC 815 House v The King (1936) 55 CLR 499 CASES CITED: JD v DPP [2000] NSWSC 1092 Kanan v Australian Postal & Telecommunications Union (1992) 43 IR 257 Port Macquarie - Hastings Council v Lawlor Services Pty Limited; Port Macquarie - Hastings Council v Petro (No 7) [2008] NSWLEC 75 R v Moore; ex parte Federated Miscellaneous Workers' Union of Australia (1978) 140 CLR 470 Wollongong City Council v Ensile Pty Limited; Wollongong City Council v Hogarth (No 4) [2008] NSWLEC 149 Wollongong City Council v Ensile Pty Limited; Wollongong City Council v Hogarth (No 6) [2008] NSWLEC 155 Wollongong City Council v Ensile Pty Limited; Wollongong City Council v Hogarth (No 7) [2008] NSWLEC 202 Wollongong City Council v Ensile Pty Limited; Wollongong City Council v Hogarth (No 8) [2008] NSWLEC 232
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