NSW Caselaw
New South Wales Supreme Court CITATION : Department of Agriculture v Court; Department of Agriculture v Taiaroa [1999] NSWSC 355 CURRENT JURISDICTION : Common Law FILE NUMBER(S) : 11076/97; 11077/97 HEARING DATE(S) : 17 March 1999 JUDGMENT DATE : 23 April 1999
Director General, NSW Department of Agriculture (Plaintiff) PARTIES : Barry Court (Defendant) Michael John Taiaroa (Defendant) JUDGMENT OF : Studdert J
COUNSEL : P. Saidi (Plaintiff) D. Fitzgibbon (Defendants) SOLICITORS : I.V. Knight (Plaintiff) Woodgate Morgan (Defendants) CATCHWORDS : CRIMINAL LAW; Tick infested horses brought into New South Wales; introduction contrary to Stock Diseases Act 1923; determination of appropriate penalties. Supreme Court (Summary Jurisdiction) Act Stock Diseases Act Statute Law (Miscellaneous Provisions) Act Crimes Act ACTS CITED : Clean Waters Act Clean Air Act State Pollution Control Commission Act Environmental Offences and Penalties Act Fines Act R v H (1980) 3 A Crim R 53 Camilleri's Stock Feeds Pty Limited v EPA (1993) 32 NSWLR 683 CASES CITED : Kaye v Vagg (No 2) (1984) 11 A Crim R 127 R v Fraser (1985) 20 A Crim R 4 R v Rahme (1989) 43 A Crim R 81 Smith v The Queen (1991) 25 NSWLR 1 DECISION : See paras 86 and 87
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
STUDDERT J
Friday 23 April 1999
11076/97 DIRECTOR GENERAL OF THE NEW SOUTH WALES DEPARTMENT OF AGRICULTURE v BARRY COURT
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