NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Wollongong City Council v Ensile Pty Limited; Wollongong City Council v Hogarth (No 2) [2008] NSWLEC 146
PROSECUTOR Wollongong City Council PARTIES : DEFENDANTS Ensile Pty Limited & Robert Martin (aka Bob) Hogarth
FILE NUMBER(S) : 50019 of 2007; 50021 of 2007; 50047 of 2007; 50048 of 2007
CORAM: Jagot J
KEY ISSUES: Prosecution :- evidence - admissibility - entry onto property without notice - whether authorised - whether evidence improperly or illegally obtained - if not whether desirability of admitting outweighs undesirability of admitting evidence obtained in that way - evidence admitted
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Evidence Act 1995 Protection of the Environment Operations Act 1997
DATES OF HEARING: 15 April 2008
EX TEMPORE JUDGMENT DATE : 15 April 2008
PROSECUTOR Mr C W McEwen SC with Mr Matthew Fraser and Mr Michael Staunton SOLICITORS Kells the Lawyers LEGAL REPRESENTATIVES: DEFENDANTS Mr T F Robertson SC with Mr T G Howard SOLICITORS Burrell Solicitors
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Jagot J
15 April 2008
50019 of 2007 50047 of 2007
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