BARBARA FILIPOWSKI v GYEONG RYONG [1998] NSWLEC 24

Land and Environment Court of New South Wales

CITATION : BARBARA FILIPOWSKI v GYEONG RYONG [1998] NSWLEC 24 PARTIES : BARBARA FILIPOWSKI v GYEONG RYONG FILE NUMBER(S) : 50076 & 50077 of 1997 CORAM: Sheahan J KEY ISSUES: :- Marine Pollution Act 1987 Land & Environment Court Act 1979 LEGISLATION CITED: Justices Act 1902 Ports Corporatisation and Waterways Management Act 1995 Crimes Act 1900 Connelly v DPP [1964] 2 All ER 401; CASES CITED: SPCC v Tallow Products Pty Limited (1992) 29 NSWLR 517; Beazley JA in Cogente Pty Limited v Doe (NSW Court of Appeal, 16 March 1998); Morrison v Mafi & Shipping Corporation of Polynesia Limited, Bignold J, 50079 and 50080 of 1996 DATES OF HEARING: 2 March 1998 DATE OF JUDGMENT: 04/23/1998

Mr R Forster QC with Mr A L Hill LEGAL REPRESENTATIVES: N/A

JUDGMENT: Introduction

In these Class 5 proceedings the Prosecutor alleges that Adriatic Tankers Shipping Company was relevantly the owner, and Gyeong Ryong relevantly the Master, of a ship known as "Hegg" when, on 12 December 1994, there was allegedly a discharge of a liquid substance into "State waters", namely the water of White Bay wharf in the port of Sydney, in contravention of s 18(1) of the Marine Pollution Act 1987 ("MPA"). These proceedings were commenced by summonses dated 23 July 1997 and returnable on 29 August 1997, and there has been no appearance in these proceedings by or on behalf of the defendants, at any stage up to and including the hearing.

The two matters were heard together with the evidence in each to be evidence also in the other.