Snowy Monaro Regional Council v Tropic Asphalts Pty Ltd [2020] NSWCCA 74

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Snowy Monaro Regional Council v Tropic Asphalts Pty Ltd [2020] NSWCCA 74 Hearing dates: 25 March 2020 Date of orders: 06 May 2020 Decision date: 06 May 2020 Before: Harrison J at [1] Hamill J at [64] Wilson J at [65] Decision: (1) Grant leave to Snowy Monaro Regional Council pursuant to s 5F of the Criminal Appeal Act 1912 to appeal on Grounds 1, 2, 3 and 6 in its amended notices of application for leave to appeal against an interlocutory judgment or order of Moore J on 27 November 2019 filed on 4 February 2020 but dismiss the appeals on those grounds. (2) Refuse leave to Snowy Monaro Regional Council to appeal pursuant to s 5F of the Criminal Appeal Act 1912 on Grounds 4 and 5 in its amended notices of application for leave to appeal against an interlocutory judgment or order of Moore J on 27 November 2019 filed on 4 February 2020. (3) Grant leave to Tropic Asphalts Pty Ltd pursuant to s 5F of the Criminal Appeal Act 1912 to appeal on Grounds 1, 2 and 3 in its application for leave to appeal against an interlocutory judgment or order of Moore J on 27 November 2019 filed on 30 January 2020 but dismiss the appeal. Catchwords: APPEAL – where charges found to be duplicitous – where leave sought to amend charges to nominate particular working days as separate counts of breach

APPEAL – whether failure to take into account relevant consideration – whether denial of procedural fairness

ENVIRONMENT AND PLANNING – consent – where alleged breach of terms of development consent Legislation Cited: Criminal Appeal Act 1912 (NSW) Criminal Procedure Act 1986 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Cases Cited: Area Concrete Plumbing Pty Ltd v Inspector Childs (2012) 223 IR 86; [2012] NSWCA 208 Attorney-General (NSW) v Built NSW Pty Ltd [2013] NSWCCA 299 Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 DAO v R (2011) 81 NSWLR 568; [2011] NSWCCA 63 Director of Public Prosecutions (NSW) v RDT [2018] NSWCCA 293 Director of Public Prosecutions v Kypri (2011) 33 VR 157; [2011] VSCA 257 EPA v Davis [2019] NSWLEC 79 EPA v Hanna [2018] NSWLEC 80 House v The King (1936) 55 CLR 449; [1936] HCA 40 Liristis v Director of Public Prosecutions [2018] NSWCCA 196 Mifsud v Campbell (1991) 21 NSWLR 725 Segal v Waverley Council (2005) 64 NSWLR 177; [2005] NSWCA 310 Snowy Monaro Regional Council v Tropic Asphalts Pty Ltd [2017] NSWLEC 109 Snowy Monaro Regional Council v Tropic Asphalts Pty Ltd [2018] NSWCCA 202 Snowy Monaro Regional Council v Tropic Asphalts Pty Ltd [2019] NSWLEC 182 Stead v State Government Insurance Commission (1986) 161 CLR 141; [1986] HCA 54 Walsh v Tattersall (1996) 188 CLR 77; [1996] HCA 26 Category: Principal judgment Parties: Snowy Monaro Regional Council (Applicant) Tropic Asphalts Pty Ltd (Respondent) Representation: Counsel: C Ireland (Applicant) T S Hale SC and D W Robertson (Respondent)