NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Director-General, Department of Environment and Climate Change v Jack & Bill Issa Pty Ltd (No 2) [2009] NSWLEC 229
PROSECUTOR: Director-General, Department of Environment and Climate Change PARTIES : DEFENDANT: Jack & Bill Issa Pty Ltd
FILE NUMBER(S) : 50030 of 2009
CORAM: Biscoe J
PROSECUTION :- Corporate defendant's application to set aside subpoena to produce documents on grounds that statutory power to obtain information exhausts prosecutor's power to obtain documents or that the documents would tend to self-incriminate the defendant or that a notice to produce was the necessary procedure. KEY ISSUES: PRACTICE & PROCEDURE:- Corporate defendant's application to set aside subpoena to produce documents on grounds that statutory power to obtain information exhausts prosecutor's power to obtain documents or that the documents would tend to self-incriminate the defendant or that a notice to produce was the necessary procedure.
LEGISLATION CITED: Evidence Act 1995, s 187 Native Vegetation Act 2003, ss 12, 36
CASES CITED: Environment Protection Authority v Caltex Refining Co Pty Ltd (1993) 178 CLR 477
DATES OF HEARING: 15 December 2009
EX TEMPORE JUDGMENT DATE : 15 December 2009
PROSECUTOR: Mr T Howard SOLICITORS Department of Enviornment, Climate change and Water LEGAL REPRESENTATIVES: DEFENDANT: Mr B Vasic SOLICITORS Agostino & Co
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