Harris v Harrison [2013] NSWCCA 314

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Harris v Harrison [2013] NSWCCA 314 Hearing dates: 9 September 2013 Decision date: 13 December 2013 Before: Beazley P at [1]; McCallum J at [62]; Schmidt J at [63] Decision: (1) Order 6 made by Pepper J on 17 July 2013 be stayed pending the determination of the appeal; (2) Order the respondent to pay the applicant's costs of the application. Catchwords: CRIMINAL LAW - offence under the Water Management Act 2000, s 91K(1) - plea of guilty - sentence - publication order made pursuant to the Water Management Act, s 353G(1)(a) - application for stay of publication order.

ENVIRONMENT AND PLANNING - offence under the Water Management Act 2000, s 91K(1) - plea of guilty - sentence - publication order made pursuant to the Water Management Act, s 353G(1)(a) - application for stay of publication order - principles governing grant of stay of orders made by the Land and Environment Court in its criminal jurisdiction. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Interpretation Act 1987 Judiciary Act 1903 (Cth) Land and Environment Court Act 1979 Water Management Act 2000 Cases Cited: Alexander v Cambridge Credit Corp Ltd (1985) 2 NSWLR 685 Harrison v Baring (No 2) [2012] NSWLEC 145 Harrison v Harris (No 3) [2013] NSWLEC 140 O'Brien v Australian Securities and Investments Commission [2009] NSWCA 312; 74 ACSR 324 Porteous & Others v Inspector McMartin [2005] NSWIRComm 122 Stampalia v The Stewards of The Western Australian Trotting and Association & Anor [1999] WASC 7 Trlin v Marac Finance Australia Ltd (Court of Appeal, 4 March 1985, unreported) Waller v Todorovic (Court of Appeal, 21 December 1979, unreported) Category: Interlocutory applications Parties: Ronald Norman Harris (Applicant) Russel Harrison (Respondent) Representation: Counsel: A A Henskens; S Docker (Applicant) M G McHugh; B G Docking (Respondent) Solicitors: Kemp Strang (Applicant) I V Knight, Crown Solicitor (Respondent) File Number(s): 2013/247685 Decision under appeal Citation: Harrison v Harris [2013] NSWLEC 105 Date of Decision: 2013-07-17 00:00:00 Before: Pepper J File Number(s): 50028/12