Port Macquarie - Hastings Council v Lawlor Services Pty Limited; Port Macquarie - Hastings Council v Petro (No 7) [2008] NSWLEC 75

Land and Environment Court of New South Wales

CITATION : Port Macquarie - Hastings Council v Lawlor Services Pty Limited; Port Macquarie - Hastings Council v Petro (No 7) [2008] NSWLEC 75 This decision has been amended. Please see the end of the judgment for a list of the amendments.

PROSECUTOR Port Macquarie - Hastings Council

PARTIES : FIRST DEFENDANT Lawlor Services Pty Limited

SECOND DEFENDANT Edmund Petro

FILE NUMBER(S) : 50031 of 2006, 50006 of 2007

CORAM: Pain J

Costs :- class 5 criminal proceedings - Criminal Procedure Act 1986 - whether prosecutor acting in a private or public capacity - whether proceedings commenced without reasonable cause - whether prosecutor unreasonably failed to investigate any relevant matter - whether there were exceptional circumstances - whether partial costs order appropriate KEY ISSUES: Costs :- class 5 criminal proceedings - certificate under Costs in Criminal Cases Act 1967 - whether it was reasonable for prosecution to commence proceedings

Constitution Act s 51 Constitution (Local Government) Amendment Act 1986 Costs in Criminal Cases Act 1967 s 2, s 3 Crimes (Appeal and Review) Act 2001 s 70 Criminal Procedure Act 1986 s 14, s 48, s 49, s 117, s 173, s 174, s 214, s 246, s 257A, s 257C, s 257D, s 257E LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 125 Hastings Local Environmental Plan 2001 cl 20 Hastings Tree Preservation Order 2003 Justices Act 1902 s 41A, s 81, s 125(3) Land and Environment Court Act 1979 s 41 Local Government Act s 684, s 694 Noxious Weeds Act 1993