Gordon Plath of the Department of Environment and Climate Change v Vurlow; Gordon Plath of the Department of Environment and Climate Change v Hockey; Gordon Plath of the Department of Environment and Climate Change v Southton [2009] NSWLEC 102

Land and Environment Court of New South Wales

CITATION : Gordon Plath of the Department of Environment and Climate Change v Vurlow; Gordon Plath of the Department of Environment and Climate Change v Hockey; Gordon Plath of the Department of Environment and Climate Change v Southton [2009] NSWLEC 102

PROSECUTOR Gordon Plath of the Department of Environment and Climate Change PARTIES : DEFENDANTS Glenn David Vurlow (08/50088) Brian George Hockey (08/50089) Donald Esmond Southton (08/50090)

FILE NUMBER(S) : 50088 of 2008; 50089 of 2008; 50090 of 2008

CORAM: Pain J

KEY ISSUES: COSTS :- application by defendants for costs under Criminal Procedure Act 1986 after summons dismissed - application by defendants for certificate under Costs in Criminal Cases Act 1967 - whether prosecutor's investigation of alleged offences unreasonable - whether commencement of proceedings unreasonable - whether omission of defendants to serve expert report before hearing relevant to issuing of certificate

Costs in Criminal Cases Act 1967 s 2, 3 Criminal Procedure Act 1986 s 257C, 257D LEGISLATION CITED: Justices Act 1902 s 41A(2A) (repealed) National Parks and Wildlife Act 1974 s 118(2) Supreme Court Rules 1970 Part 75 Threatened Species Conservation Act 1995

Fosse v Department of Public Prosecutions [1999] NSWSC 367 Gales Holdings Pty Limited v Tweed Shire Council [2008] NSWLEC 209 Halpin v Department of Gaming and Racing [2007] NSWSC 815 JD v DPP [2000] NSWSC 1092 Kanan v Australian Postal & Telecommunications Union (1992) 43 IR 257 CASES CITED: Mordaunt v Director of Public Prosecutions (NSW) (2007) 171 ACrimR 510 Pittwater Council v A1 Professional Tree Recycling Pty Ltd (No 3) (2009) 165 LGERA 6 Port Macquarie - Hastings Council v Lawlor Services Pty Limited; Port Macquarie - Hastings Council v Petro (No 7) (2008) 159 LGERA 87 R v Moore; Ex parte Federated Miscellaneous Workers Union of Australia (1978) 140 CLR 470 R v Johnston [2000] NSWCCA 197 Wollongong City Council v Ensile Pty Ltd; Wollongong City Council v Hogarth (No 9) [2008] NSWLEC 248