Sutherland Shire Council v Benedict Industries Pty Ltd [No 2] [2015] NSWLEC 39

Land and Environment Court New South Wales

Medium Neutral Citation: Sutherland Shire Council v Benedict Industries Pty Ltd [No 2] [2015] NSWLEC 39 Hearing dates: 20 March 2014 Date of orders: 19 March 2015 Decision date: 19 March 2015 Jurisdiction: Class 5 Before: Craig J Decision: Grant leave to the prosecutor to file and serve upon the defendant the affidavit of Ian Nolan Drinnan sworn 4 February 2014 and the affidavits of Pamela Anne Hazelton sworn 11 February 2014 and 26 February 2014 respectively. Grant leave to the prosecutor to file and serve a supplementary notice under ss 247E and 247J of the Criminal Procedure Act 1986 reflecting its proposed reliance upon the affidavits referred to in Order 1. Stand over the proceedings to Friday 27 March 2015 for directions. Note the undertaking by the prosecutor to pay the defendant's costs thrown away as a consequence of the leave granted in accordance with Order 1. Catchwords: PRACTICE AND PROCEDURE - case management under Division 2A of Pt 5 Ch 4 of Criminal Procedure Act 1986 - prosecutor seeking leave to file and serve supplementary evidence - supplementary evidence served promptly in response to expert evidence served by defendant - service of further evidence does not constitute an abuse of process - grant of leave to file reply evidence does not allow prosecution to split its case - - prosecution should be afforded a reasonable opportunity to respond to expert report filed by defendant – leave granted Legislation Cited: Civil Procedure Act 2005 (NSW) Criminal Procedure Act 1986 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Native Title Act 1993 (Cth) Sutherland Shire Local Environmental Plan 2000 (NSW) Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; 239 CLR 175 Coco v The Queen [1994] HCA 15; 179 CLR 427 Environment Protection Authority v Truegain Pty Ltd [2013] NSWCCA 204; 85 NSWLR 125 Rogers v The Queen [1994] HCA 42; 181 CLR 251 State Pollution Control Commission v Australian Iron & Steel Pty Ltd (1992) 29 NSWLR 487 Sutherland Shire Council v Benedict Industries Pty Ltd [2013] NSWLEC 121 The Queen v Chin [1985] HCA 35; 157 CLR 671 Category: Principal judgment Parties: Sutherland Shire Council (Prosecutor) Benedict Industries Pty Ltd (Defendant) Representation: Counsel: D A Buchanan SC (Prosecutor) T G Howard SC (Defendant)