Environment Protection Authority v Ashmore (No 2)

Land and Environment Court New South Wales Case Title: Environment Protection Authority v Ashmore (No 2) Medium Neutral Citation: [2014] NSWLEC 142 Hearing Date(s): 5 September 2014 Decision Date: 05 September 2014 Jurisdiction: Class 5 Before: Craig J Decision: Order as set out at [15] Catchwords: COSTS - application for investigation costs under s 248 of the Protection of the Environment Operations Act 1997 (NSW) - whether relevant nexus between the facts that pertained to the charges and the claimed costs - investigation costs not reasonably incurred as a consequence of investigating the offences in question - application to re-open case granted - order for investigation costs refused Legislation Cited: Protection of the Environment Operations Act 1997 (NSW) Category: Costs Parties: Environment Protection Authority (Prosecutor) Julian James Ashmore (Respondent) Representation - Counsel: R Fox (solicitor) (Prosecutor) No appearance (Defendant) - Solicitors: Environment Protection Authority (Prosecutor) No appearance (Defendant) File Number(s): 50219, 50220 of 2014 EX TEMPORE JUDGMENTThe hearing on sentence in this prosecution concluded on Thursday 28 August 2014. At the conclusion of that hearing I reserved my decision. I informed the parties that I would deliver judgment in the course of the ensuing week.On Wednesday last, 3 September, the parties were notified that I would deliver judgment today at 10.00am. Yesterday, 4 September, the Prosecutor notified the Registrar by email that at the sentence hearing it had omitted to claim investigation expenses from the defendant and would now seek to do so. Evidence of the expenses claimed were said...