NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Sutherland Shire Council v Benedict Industries Pty Ltd (No 6) [2015] NSWLEC 106 Hearing dates: 22 and 23 June 2015 Decision date: 29 June 2015 Jurisdiction: Class 5 Before: Pepper J Decision: See at [48]. Catchwords: COSTS: whether prosecutor should be ordered to pay accused's costs consequent upon an adjournment of a four week trial caused by the service of additional and late evidence by the prosecutor – whether conduct of prosecutor unreasonable – whether sufficient evidence of additional costs – whether causal nexus established between unreasonable conduct and additional costs – prosecutor ordered to pay accused costs as agreed or assessed Legislation Cited: Criminal Procedure Act 1986, s 257B, s 257F, s 257G, s 257N Cases Cited: Council of the City of Sydney v Trico Constructions Pty Ltd [2015] NSWLEC 56
Environment Protection Authority v Riverina (Australia) Pty Ltd (No 2) [2014] NSWLEC 191
Sutherland Shire Council v Benedict Industries Pty Ltd [2013] NSWLEC 121
Sutherland Shire Council v Benedict Industries (No 2) [2015] NSWLEC 39
Sutherland Shire Council v Benedict Industries Pty Ltd (No 3) [2015] NSWLEC 97 Category: Costs Parties: Sutherland Shire Council (Prosecutor) Benedict Industries Pty Ltd (Defendant) Representation: Counsel: Mr D Buchanan SC (Prosecutor) Mr T Howard SC with Mr C Ireland (Defendant)
Solicitors: Pikes & Verekers Lawyers (Prosecutor) Minter Ellison (Defendant) File Number(s): 12/50921, 12/50923, 13/50100
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