Port Macquarie-Hastings Council v Mansfield [2019] NSWCCA 7

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Port Macquarie-Hastings Council v Mansfield [2019] NSWCCA 7 Hearing dates: 31 October 2018 Date of orders: 25 February 2019 Decision date: 25 February 2019 Before: Hoeben CJ at CL [1] Harrison J at [1] Schmidt J at [1] Decision: (1) Grant leave to appeal. (2) Allow the appeal. (3) Set aside the orders made by Sheahan J on 16 July 2018. (4) Remit the matter to Sheahan J for determination in accordance with the decision of this Court. Catchwords: CRIMINAL LAW – appeal against interlocutory judgment – where accused charged with breach of ss 76A and 76B of the Environmental Planning and Assessment Act 1979 – where prior to commencement of the trial the accused applied to set aside subpoenas issued by the prosecutor –subpoenas set aside because they were based upon information gathered by unlawful s 119J notices issued by a council – whether s 119J notices can be issued to a person when the council considers a later criminal prosecution against that person likely – s 119J notices not ultra vires

WORDS AND PHRASES – 'in connection with an investigation purpose' – Environmental Planning and Assessment Act, s 119J(1) Legislation Cited: Criminal Appeal Act 1912 (NSW), s 5F Criminal Procedure Act 1986, ss 172, 173 Environmental Planning and Assessment Act 1979 (NSW), ss 76A, 76B, 118BA, 119A, 119C, 199F, 119J, 119S, 121B, 125 Local Government Act 1993 (NSW), ss 21, 22, 23, 684, 687 Cases Cited: House v The King (1936) 55 CLR 499; [1936] HCA 40 SAS Trustee Corporation v Miles [2018] HCA 55 Zhang v Woodgate and Lane Cove Council (2015) LGERA 1; [2015] NSWLEC 10 Category: Principal judgment Parties: Port Macquarie-Hastings Council (Applicant) Paul Scott Mansfield (Respondent) Representation: Counsel: T Robertson SC with R O'Gorman-Hughes (Applicant) N Hutley SC with C Ireland (Respondent)