Leichhardt Council v Geitonia Pty Ltd (No 2) [2015] NSWLEC 30

Land and Environment Court New South Wales

Medium Neutral Citation: Leichhardt Council v Geitonia Pty Ltd (No 2) [2015] NSWLEC 30 Hearing dates: 27 February 2015 Date of orders: 27 February 2015 Decision date: 27 February 2015 Jurisdiction: Class 5 Before: Biscoe J Decision: The Court does not accept defence counsel's submission that the Court should tell a prosecution witness before he has given evidence that he has or may have a right to object to giving particular evidence on the ground that it may tend to prove that he has committed an offence, tell him of s 128 of the Evidence Act 1995, and give him an opportunity to obtain legal advice or representation before giving his evidence. Catchwords: EVIDENCE – criminal prosecution – defence counsel submits that Court should tell prosecution witness before he gives evidence that he has or may have a right to object to giving particular evidence on the ground that it may tend to prove that he has committed an offence, tell him of s 128 of Evidence Act 1995, and give him an opportunity to obtain legal advice or representation before giving his evidence. Legislation Cited: Environmental Planning and Assessment Act 1979 s 127(5) and (5A) Evidence Act 1995 s 128 Cases Cited: R v Bikic [2001] NSWCCA 537 Texts Cited: Odgers, Uniform Evidence Law (11th ed, 2014) Category: Procedural and other rulings Parties: 50795 of 2013 Leichhardt Council (Prosecutor) Geitonia Pty Limited (Defendant)

50796 of 2013 Leichhardt Council (Prosecutor) GRC Projects Pty Ltd 135 672 294 (in liq) (Defendant)