Sutherland Shire Council v Benedict Industries Pty Ltd (No 3) [2015] NSWLEC 97

Land and Environment Court New South Wales

Medium Neutral Citation: Sutherland Shire Council v Benedict Industries Pty Ltd (No 3) [2015] NSWLEC 97 Hearing dates: 9 June 2015 Date of orders: 10 June 2015 Decision date: 10 June 2015 Jurisdiction: Class 5 Before: Pepper J Decision: See orders at [96]. Catchwords: ENVIRONMENTAL OFFENCES: case management – whether prosecutor should be granted leave to adduce further evidence – application made on first day of a four week hearing – legal principles – prejudice to defendant if leave granted – prejudice to prosecutor if leave rejected – whether if leave granted hearing should be vacated – leave granted – hearing vacated. Legislation Cited: Criminal Procedure Act 1986, ss 247E, 247J, 247N Environmental Planning and Assessment Act 1979, s 125 Sutherland Shire Local Environmental Plan Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 State Pollution Control Commission v Australian Iron & Steel Pty Ltd (1992) 29 NSWLR 487 Sutherland Shire Council v Benedict Industries Pty Ltd (No 2) [2015] NSWLEC 39 Sutherland Shire Council v Benedict Industries Pty Ltd [2013] NSWLEC 121 Texts Cited: Category: Procedural and other rulings Parties: Sutherland Shire Council (Prosecutor) Benedict Industries Pty Ltd (Defendant) Representation: Counsel: Mr D Buchanan SC with Dr Peggy Dwyer (Prosecutor) Mr T Howard SC with Mr C Ireland

Solicitors: Pikes & Verekers Lawyers (Prosecutor) Minter Ellison (Defendant) File Number(s): 12/50921, 12/50923, 13/50100 Publication restriction: