Environment Protection Authority v Truegain Pty Ltd [No 3] [2012] NSWLEC 78

Land and Environment Court New South Wales

Medium Neutral Citation: Environment Protection Authority v Truegain Pty Ltd [No 3] [2012] NSWLEC 78 Hearing dates: 21/03/2012 Decision date: 18 April 2012 Jurisdiction: Class 5 Before: Lloyd AJ Decision: 1. Prosecutor to amend the summons as particularised by deleting the particulars to summons upon which it may no longer rely. 2. Prosecutor to pay the defendant's costs thrown away by reason of the amendment, such costs to include the following: (a) the costs of and incidental to the defendant's notice of motion filed on 20 February 2012; (b) the costs of and incidental to the defendant's amended notice of motion filed on 1 March 2012; and (c) the defendant's costs of 19, 20 and 21 March 2012. Catchwords: COSTS - criminal proceedings - finding that charge is bad for duplicity - whether there is jurisdiction to order costs Legislation Cited: Criminal Procedure Act 1986, s 17, s 170(3), 257C(1), s 257D(1)(d) Land and Environment Court Act 1979, s 41, s 68 Protection of the Environment Operations Act 1997, s 64(1) Cases Cited: Caltex Refining Co Pty Ltd v Maritime Services Board of New South Wales (1995) 36 NSWLR 552; 78 A Crim R 368 Director of Public Prosecutions v Cakici [2006] NSWSC 454 Environment Protection Authority v Truegain Pty Ltd [2012] NSWLEC 41 Environment Protection Authority v Truegain Pty Ltd [No 2] [2012] NSWLEC 55 Halpin v Department of Gaming & Racing [2007] NSWSC 815 Kirk v Industrial Relations Court of New South Wales [2010] HCA 1; 239 CLR 531 Wakool Shire Council v Garrision Cattle Feeders Pty Limited [2010] NSWLEC 199 Category: Costs Parties: Environment Protection Authority (Prosecutor) Truegain Pty Ltd (Defendant) Representation: M Higgins (Prosecutor) J Horowitz (Defendant) Patricia Lenehan (Prosecutor) Horowitz & Bilinsky (Defendant) File Number(s): 50471 of 2011