RTA v Graincorp Operations Ltd [2010] NSWCA 317

New South Wales Court of Appeal

CITATION: RTA v Graincorp Operations Ltd [2010] NSWCA 317

HEARING DATE(S): 22/09/2010

JUDGMENT DATE: 6 December 2010

JUDGMENT OF: Giles JA at 1; McColl JA at 18; Handley AJA at 19

1. Leave to appeal granted limited to paras 1 to 4 and the grounds of appeal in the draft notice of appeal. 2. Leave to appeal otherwise refused. DECISION: 3. The draft notice of appeal, as amended, to be filed within 10 days. 4. Appeal dismissed with costs. [The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

CATCHWORDS: APPEAL – question of law – dismissal of prosecution case – no misdirection – no error of law. - CRIMINAL LAW – criminal negligence – based on conduct of accused not state of mind. - CRIMINAL PROCEDURE – evidence emerging in defence case – particulars not amended – prosecution not entitled to rely on new case outside particulars. - CRIMINAL PROCEDURE – prosecution bound by conduct of trial – new case not open on appeal by leave.

Crimes (Appeal and Review) Act 2001, s 56(1)(c) LEGISLATION CITED: Environmental Offences & Penalties Act 1989, s.6(1) Interpretation Act 1987, s.8(b) Road Transport (General) Act 2005, s.58(3)

CATEGORY: Principal judgment

Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Coulton v Holcombe [1986] HCA 33, 162 CLR 1 CASES CITED: EPA v Sydney Water Corporation Ltd (1997) 98 LGERA 361 McPhee v S Bennett Ltd (1935) 52 WN (NSW) 8 NSW Sugar Milling Co-operative Ltd v EPA (1992) 59 A Crim R 6