Leichhardt Council v Geitonia Pty Ltd (No 3) [2015] NSWLEC 31

Land and Environment Court New South Wales

Medium Neutral Citation: Leichhardt Council v Geitonia Pty Ltd (No 3) [2015] NSWLEC 31 Hearing dates: 2 March 2015 Date of orders: 03 March 2015 Decision date: 03 March 2015 Jurisdiction: Class 5 Before: Biscoe J Decision: The representations are admissible under s 87(1)(a) of the Evidence Act 1995. The Court refuses to admit them under ss 135(a) and 137. The documents coming into possession of a prosecution witness in late November 2011 are admissible as being relevant to the defence of necessity. Catchwords: EVIDENCE – whether representations made by a person are to be taken as an admission by a party and admitted under s 87(1)(a) or (c) of the Evidence Act 1995 – if so, whether the Court should nevertheless refuse to admit them under ss 135(a) or 137 – alternatively whether documents coming into the possession of a prosecution witness in late November 2011 are admissible as being relevant to the defence of necessity. Legislation Cited: Evidence Act 1995 ss 57, 87(1)(a) and (c), 90, 135 and 137 Environmental Planning and Assessment Act 1979 ss 81A(2)(a) and (5), 109C(1)(b) Cases Cited: Galvin v The Queen [2006] NSWCCA 66, (2006) 161 A Crim R 449 La Trobe Capital and Mortgage Corp Ltd v Hay Property Consultants Pty Ltd [2011] FCAFC 4, (2011) 273 ALR 774 Longhurst v Hunt [2004] NSWCA 91 R v Suteski [2002] NSWCCA 509, (2002) 56 NSWLR 182 Texts Cited: Australian Law Reform Commission Report 102 Odgers, Uniform Evidence Law (11th ed, 2014) Category: Procedural and other rulings Parties: 50795 of 2013 Leichhardt Council (Prosecutor) Geitonia Pty Limited (Defendant)