Leichhardt Council v Geitonia Pty Limited and Gertos [2015] NSWLEC 25

Land and Environment Court New South Wales

Medium Neutral Citation: Leichhardt Council v Geitonia Pty Limited and Gertos [2015] NSWLEC 25 Hearing dates: 23 February 2015 Date of orders: 23 February 2015 Decision date: 23 February 2015 Jurisdiction: Class 5 Before: Biscoe J Decision: Notices of motion filed by the defendants Bill Gertos and Geitonia Pty Ltd on 23 February 2015 are dismissed. Catchwords: EVIDENCE - PRACTICE AND PROCEDURE – application by defendants to vacate trial dates in criminal proceedings on grounds that prosecutor served evidence and disclosed documents late, or alternatively for an order that the Court order certain persons to give evidence, or alternatively that all prosecution evidence served late not be admitted, and for an order that the prosecution disclose documents concerning immunisation from prosecution of witnesses and relating to prosecutor's intention to cross-examine a prosecution witness – duty of prosecutor to call all available witnesses whose evidence is necessary to unfold the narrative and give a complete account of events upon which the prosecution is based – exception (among others) for a witness whose evidence the prosecutor judges to be unreliable – absence of power in a court to direct a prosecutor to call a witness – power of trial judge in the most exceptional circumstances to call a person to give evidence – obligation of prosecution to address in chief a reasonably foreseeable defence. Legislation Cited: Criminal Procedure Act 1986 Division 2A, s 247E Evidence Act 1995 s 38 Cases Cited: Australian Securities and Investment Commission v Hellicar [2012] HCA 17, (2012) 286 ALR 501 Mattar v R [2012] NSWCCA 98 R v Kneebone [1999] NSWCCA 279, (1999) 47 NSWLR 450 R v Lipton [2011] NSWCCA 247, (2011) 82 NSWLR 123 State Pollution Control Commission v Australian Iron and Steel Pty Ltd (1992) 29 NSWLR 487 Street v Hearne [2007] NSWCA 113, (2007) 70 NSWLR 231 Sutherland Shire Council v Benedict Industries Pty Ltd [2013] NSWLEC 121 The Queen v Apostilides [1984] HCA 38, (1984) 154 CLR 563 The Queen v Chin [1985] HCA 35, (1985) 157 CLR 671 Whitehorn v The Queen [1983] HCA 42, (1983) 152 CLR 657 Category: Procedural and other rulings Parties: 50795 of 2013: Leichhardt Council (Prosecutor) Geitonia Pty Limited (Defendant)