Sutherland Shire Council v Benedict Industries Pty Ltd [No 2]

Land and Environment Court New South Wales Medium Neutral Citation: Sutherland Shire Council v Benedict Industries Pty Ltd [No 2] [2015] NSWLEC 39 Hearing dates:20 March 2014Date of orders: 19 March 2015 Decision date: 19 March 2015 Jurisdiction:Class 5Before: Craig J Decision: Grant leave to the prosecutor to file and serve upon the defendant the affidavit of Ian Nolan Drinnan sworn 4 February 2014 and the affidavits of Pamela Anne Hazelton sworn 11 February 2014 and 26 February 2014 respectively.Grant leave to the prosecutor to file and serve a supplementary notice under ss 247E and 247J of the Criminal Procedure Act 1986 reflecting its proposed reliance upon the affidavits referred to in Order 1.Stand over the proceedings to Friday 27 March 2015 for directions.Note the undertaking by the prosecutor to pay the defendant’s costs thrown away as a consequence of the leave granted in accordance with Order 1. Catchwords: PRACTICE AND PROCEDURE - case management under Division 2A of Pt 5 Ch 4 of Criminal Procedure Act 1986 - prosecutor seeking leave to file and serve supplementary evidence - supplementary evidence served promptly in response to expert evidence served by defendant - service of further evidence does not constitute an abuse of process - grant of leave to file reply evidence does not allow prosecution to split its case - - prosecution should be afforded a reasonable opportunity to respond to expert report filed by defendant – leave granted Legislation Cited: Civil Procedure Act 2005 (NSW) Criminal Procedure Act 1986...