NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Palfrey v South Penrith Sand & Soil Pty Ltd and Others [2012] NSWSC 1357 Hearing dates: 29 October 2012 & 30 October 2012 Decision date: 09 November 2012 Jurisdiction: Common Law Before: Barr AJ Decision: 1. Order that proceedings on all summonses be stayed until further order. 2. Direct the Prosecutor to file and serve by 4:00pm on 15 November 2012 a notice stating which charges it intends to proceed with. 3. Adjourn the motions for hearing before me on a date to be fixed. Catchwords: CRIMINAL LAW - Multiple charges arising out of single set of facts - whether permissible - whether an abuse of process Legislation Cited: Road Transport (General) Act 2005 (NSW) Road Transport (General) Regulation 2005 (NSW) Cases Cited: Australian Oil Refinery Pty Ltd v Cooper (1987) 11 NSWLR 277 Environment Protection Authority v Australian Iron & Steel Pty Ltd (1992) 28 NSWLR 502 Maher v The Queen [2011] VSCA 136 Category: Principal judgment Parties: David Palfrey (Plaintiff) South Penrith Sand & Soil Pty Limited (Defendant) Peter John Spiteri (Defendant) Jason Roberts (Defendant) Representation: G.J. Hatcher SC/S. Coleman (Plaintiff) W.G Roser SC/M. Higgins (Defendants) Hicksons Lawyers Farry & Co Solicitors File Number(s): 2011/00407510, 2011/00407520, 2011/00407525, 2011/00407531, 2011/00407560
File number cont.: 2011/00407563, 2011/00407567, 2011/00407572, 2011/00407599, 2011/00407623
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