McGerty v Dairy Farmers' Co-Operative Limited [1989] NSWLEC 193

Land and Environment Court of New South Wales

CITATION : McGerty v Dairy Farmers' Co-Operative Limited [1989] NSWLEC 193 APPLICANT J. McGerty PARTIES : RESPONDENT Dairy Farmers' Co-Operative Limited FILE NUMBER(S) : 50043 of 1989 CORAM: Hemmings J KEY ISSUES: :- Clean Waters Act LEGISLATION CITED: Land and Environment Court Act Supreme Court (Summary Justification) Act 1967 CASES CITED: Fairfield City Council v. Colorpak Products (NSW) Pty Ltd, Land and Environment Court, 2nd December, 1988 (unreported); Baker v. Macleod, Land and Environment Court No.50013 of 1986, Cripps J., 1st August, 1986 (unreported). DATES OF HEARING: DATE OF JUDGMENT: 05/19/1989

LEGAL REPRESENTATIVES:

JUDGMENT:

HIS HONOUR: In this matter on 18th April, 1989 a summons was filed in the Registry of the Land and Environment Court for orders that the defendant appear before a Judge of this Court to answer a charge alleging a breach of the provisions of s.16 of the Clean Waters Act 1970. The Registrar thereupon ordered the defendant to appear before the Court on 19th May, 1989. It appears that no application was made for such order to be made by a Judge in accordance with s.41 of the Land and Environment Court Act ("the L.& E. Court Act").

By application in Chambers on 12th May, I was asked to make such order returnable at the same date as the Registrar's order. The application form that I was asked to sign on 12th May bore the same date as the original summons filed on 18th April, 1989.

I declined to sign the application and was informed by the prosecutor that a mistake had been made. It is the practice of this Court that application be made in Chambers for a Judge's order before filing the charge. The prosecutor hoped to cure the fault by making the late application prior to the return of the original order.