NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Cliftleigh Haulage Pty. Ltd. v. Byron Shire Council [2007] NSWCCA 13
HEARING DATE(S): 15 December 2006
JUDGMENT DATE: 7 February 2007
JUDGMENT OF: Hodgson JA at 1; Howie J at 28; Price J at 29
DECISION: (1)Time limit extended to the date of filing of the stated case. (2) The questions in the stated case answered:; 1. Yes. 2. Yes. 3. No error of law. (3) Matter remitted to Talbot J. (4) The Council to pay the appellant's costs of the stated case.
CATCHWORDS: CRIMINAL LAW - PRACTICE - COSTS - Prosecution in local court - Appeal from conviction - Conviction set aside - Circumstances in which costs awarded to appellant - Investigation into the alleged offence conducted in an unreasonable manner - Unreasonable failure to investigate relevant matter - Whether necessary to prove what an absent witness would have said.
LEGISLATION CITED: Crimes (Local Courts and Appeal Review) Act 2001 (NSW) s.70 Criminal Appeal Act 1912 (NSW) s.5BA
CASES CITED: Killick v. The Queen (1981) 147 CLR 565 Latoudis v. Casey (1990) 170 CLR 534
PARTIES: Cliftleigh Haulage Pty. Limited - applicant Byron Shire Council - opponent
FILE NUMBER(S): CCA 2006/1854
COUNSEL: Mr. P. Hamill with E. Ozen for applicant Mr. M. Wright for opponent
SOLICITORS: Stacks, Forster for applicant Marsdens Law Group, Sydney for opponent
LOWER COURT JURISDICTION: Land & Environment Court of NSW
LOWER COURT FILE NUMBER(S): LEP 60004/05
LOWER COURT JUDICIAL OFFICER: Talbot J
LOWER COURT DATE OF DECISION: 9 August 2006
LOWER COURT MEDIUM NEUTRAL CITATION: Not applicable
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