Chief Executive of the Office of Environment and Heritage v Kurstjens

Land and Environment Court New South Wales Medium Neutral Citation: Chief Executive of the Office of Environment and Heritage v Kurstjens [2015] NSWLEC 140 Hearing dates:31 August 2015Decision date: 01 September 2015 Jurisdiction:Class 5Before: Pain J Decision: See paragraph [10] Catchwords: PROCEDURE – extent of disclosure obligation of defendant under s 247K of the Criminal Procedure Act 1986 in relation to objections to admissibility of expert evidence Legislation Cited: Civil Liability Act 2002 (NSW) Compensation to Relatives Act 1897 (NSW) Criminal Procedure Act 1986 (NSW) Evidence Act 1995 (NSW) Cases Cited: Minister for Immigration and Citizenship v SZJGV [2009] HCA 40; (2009) 238 CLR 642 Taylor v The Owners – Strata Plan No 11564 [2014] HCA 9; (2014) 88 ALJR 473 Category:Procedural and other rulingsParties: Chief Executive of the Office of Environment and Heritage (Prosecutor) Gerardus Johannes Jacobus Kurstjens (First Defendant) Topview Brisbane Pty Ltd (Second Defendant) Representation: Counsel: Mr E C Muston, barrister (Prosecutor) Ms P M Lane, barrister (Defendants)     Solicitors: Office of Environment and Heritage Legal Services (Prosecutor) Dowd and Company (Defendants) File Number(s):50659 of 2014, 50660 of 2014, 50661 of 2014, 50662 of 2014, 50053 of 2015 and 50054 of 2015Judgment The Defendants are charged with vegetation clearing offences on three separate properties. The Defendants ultimately seek a preliminary ruling as provided for under s 247G(3)(e) of the Criminal Procedure Act 1986 (NSW) which provides for the Court giving a ruling or making a finding under s 192A of the Evidence Act 1995 (NSW) as if the...