Sutherland Shire Council v Benedict Industries Pty Ltd [2013] NSWLEC 121

Land and Environment Court New South Wales

Medium Neutral Citation: Sutherland Shire Council v Benedict Industries Pty Ltd [2013] NSWLEC 121 Hearing dates: 29 July 2013 Decision date: 02 August 2013 Jurisdiction: Class 5 Before: Biscoe J Decision: (1) The prosecutor is to file and serve any supplementary evidence and any amendment to the notice of the prosecution case in accordance with s 247E of the Criminal Procedure Act 1986 by 5 August 2013. (2) The defendant is to give the prosecutor notice in accordance with s 247K of the Criminal Procedure Act 1986 by 19 August 2013. (3) The prosecutor is to give the defendant notice of the prosecution response to the defence response in accordance with s 247L of the Criminal Procedure Act 1986 by 2 September 2013. (4) Proceedings listed for further directions on 6 September 2013. (5) The prosecutor is to pay the defendant's costs thrown away as a consequence of these orders, as agreed or as assessed, at the conclusion of the proceedings. (6) Counsel for the parties are to confer before the next directions hearing as to whether the parties will agree to a consent order for their experts in various disciplines to confer and produce joint reports and give evidence concurrently at the trial. Catchwords: Practice and procedure - case management of, and prosecution and defence disclosures in, criminal prosecutions - prosecutor seeks directions for filing supplementary affidavits in chief aimed at meeting defendant's objections to admissibility of affidavit evidence and dispute of facts in prosector's statement of facts and seeks, consequently, to amend prosecutor's case - whether permissible having regard to case management provisions of Criminal Procedure Act 1986. Legislation Cited: Civil Procedure Act 2005 s 56 Criminal Procedure Act 1986 Div 2A Pt 5 Ch 4, Div 3 Pt 3 Ch 2, ss 257C, 257D Criminal Procedure Amendment (Mandatory Pre-trial Defence Disclosure) Act 2013 s 143(1)(b) Evidence Amendment (Evidence of Silence) Act 2013 Land and Environment Court Act 1979 s 68 New South Wales Legislative Assembly Parliamentary Debates, 24 November 2011, p 7870 re Criminal Procedure Amendment (Summary Proceedings Case Management) Bill 2011 Cases Cited: Director General, Department of Environment and Climate Change v Walker Corporation Pty Ltd (No 3) [2010] NSWLEC 135, (2010) 78 NSWLR 294 Environment Protection Authority v Bulga Coal Management Pty Ltd [2013] NSWLEC 47 Environment Protection Authority v Gilmour [2000] NSWLEC 144, (2000) 109 LGERA 228 Environment Protection Authority v Truegain Pty Ltd (No 3) [2012] NSWLEC 78 NSW Food Authority v Nutricia Australia Pty Ltd [2008] NSWCCA 252, (2008) 72 NSWLR 456 R v Soma [2003] HCA 13, (2003) 212 CLR 299 State Pollution Control Commission v Australian Iron & Steel Pty Ltd (1993) 29 NSWLR 487 The Queen v Chin [1985] HCA 35, (1985) 157 CLR 671 Category: Procedural and other rulings Parties: Sutherland Shire Council (Prosecutor) Benedict Industries Pty Ltd (Defendant) Representation: COUNSEL: D Buchanan SC with P Dwyer (Prosecutor) T Howard (Defendant)