Leichhardt Council v Geitonia Pty Limited and Gertos

Land and Environment Court New South Wales Medium Neutral Citation: Leichhardt Council v Geitonia Pty Limited and Gertos [2015] NSWLEC 25 Hearing dates:23 February 2015Date of orders: 23 February 2015 Decision date: 23 February 2015 Jurisdiction:Class 5Before: Biscoe J Decision: Notices of motion filed by the defendants Bill Gertos and Geitonia Pty Ltd on 23 February 2015 are dismissed. Catchwords: EVIDENCE - PRACTICE AND PROCEDURE – application by defendants to vacate trial dates in criminal proceedings on grounds that prosecutor served evidence and disclosed documents late, or alternatively for an order that the Court order certain persons to give evidence, or alternatively that all prosecution evidence served late not be admitted, and for an order that the prosecution disclose documents concerning immunisation from prosecution of witnesses and relating to prosecutor’s intention to cross-examine a prosecution witness – duty of prosecutor to call all available witnesses whose evidence is necessary to unfold the narrative and give a complete account of events upon which the prosecution is based – exception (among others) for a witness whose evidence the prosecutor judges to be unreliable – absence of power in a court to direct a prosecutor to call a witness – power of trial judge in the most exceptional circumstances to call a person to give evidence – obligation of prosecution to address in chief a reasonably foreseeable defence. Legislation Cited: Criminal Procedure Act 1986 Division 2A, s 247E Evidence Act 1995 s 38 Cases Cited: Australian Securities and Investment Commission v Hellicar [2012]...