Graymarshall Pty Ltd v Director-General of the Department of Environment, Climate Change and Water [2010] NSWLEC 54

Reported Decision : 173 LGERA 258

Land and Environment Court of New South Wales

CITATION : Graymarshall Pty Ltd v Director-General of the Department of Environment, Climate Change and Water [2010] NSWLEC 54

APPLICANT Graymarshall Pty Ltd PARTIES : RESPONDENT Director-General of the Department of Environment, Climate Change and Water

FILE NUMBER(S) : 40956 of 2009

CORAM: Pepper J

PROSECUTION :- statutory notice served on company to provide documents and/or information pursuant to investigation for possible commission of statutory offence - deeming provision whereby liability of company imposed on directors and persons concerned with management of company subject to certain exceptions - whether privilege against exposure to penalties applied - held it does not KEY ISSUES: EVIDENCE :- privilege against exposure to penalty - whether applies to company served with notice to provide documents and information - held it does not

LEGISLATION CITED: Native Vegetation Act 2003 ss 3, 12, 36, 45

Anderson v Minister for Infrastructure Planning and Natural Resources (2006) 151 LGERA 229 CIC Insurance Limited v Bankstown Football Club Limited (1997) 187 CLR 384 Environment Protection Authority v Caltex Refining Co Pty Limited (1993) 178 CLR 477 Harrison v Melhem (2008) 72 NSWLR 380 Kirk v Industrial Relations Commission; Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales (Inspector Childs) [2010] HCA 1 Pyneboard Proprietary Limited v Trade Practices Commission; Dunlop Olympic Limited v Trade Practices Commission (1983) 152 CLR 328 R v Ronen (2004) 211 FLR 258 CASES CITED: R v Ronen (2004) 62 NSWLR 707 Rich v Australian Securities and Investments Commission (2003) 183 FLR 361 Rich v Australian Securities and Investments Commission (2004) 220 CLR 129 Sharples v Minister for Local Government (2008) 166 LGERA 302; [2010] NSWCA 36 SZFDE v Minister for Immigration and Citizenship (2007) 232 CLR 189 The Daniels Corporation International Pty Ltd v Australian Competition and Consumer Commissioner (2002) 213 CLR 543 Trade Practices Commission v Abbco Ice Works Pty Ltd (1994) 123 ALR 503 Valantine v Technical and Further Education Commission (2007) 166 IR 459; 97 ALD 447