Director-General, NSW Department of Industry & Investment v Mato Investments Pty Ltd & Ors (No 3) [2011] NSWLEC 37

Land and Environment Court New South Wales

Medium Neutral Citation: Director-General, NSW Department of Industry & Investment v Mato Investments Pty Ltd & Ors (No 3) [2011] NSWLEC 37 Hearing dates: 14 - 15 March 2011 Decision date: 16 March 2011 Jurisdiction: Class 5 Before: Pain J Decision: The Defendants' objections to the record of interview of Mr Bennett dated 12 November 2007 are not sustained and the record of interview in whole or part is not struck out. Catchwords: Procedure - whether record of interview should be struck out in whole or part Legislation Cited: Evidence Act 1995, s 90, s 137, s 138 Fisheries Management Act 1994 Cases Cited: Em v R [2007] HCA 46; (2007) 232 CLR 67 R v Em [2003] NSWCCA 374 R v Plevac (1995) 84 A Crim R 570 R v SJRC [2007] NSWCCA 142 R v Swaffield; Pavic v R [1998] HCA 1; (1998) 192 CLR 159 Texts Cited: Stephen Odgers, Uniform Evidence Law, 9th ed (2010) Lawbook Co Category: Procedural and other rulings Parties: Director-General, NSW Department of Industry & Investment (Prosecutor) Mato Investments Pty Ltd (First Defendant) Ian Charles Bennett (Second Defendant) Dzeladin Ceman (Third Defendant) James Lawrence Coomes (Fourth Defendant) Representation: Mr I Lloyd QC with Mr T Howard (Prosecutor) Mr J Webster SC with Ms M McMahon (First and Third Defendants) Ms A Pearman (Second Defendant) Mr C Ireland (Fourth Defendant) Crown Solicitor's Office (Prosecutor) Neville & Hourn Legal (First, Second and Third Defendants) Moray & Agnew (Fourth Defendant) File Number(s): 50052 to 50067 of 2009