Sutherland Shire Council v Benedict Industries Pty Ltd (No 5)

Land and Environment Court New South Wales Case Name:  Sutherland Shire Council v Benedict Industries Pty Ltd (No 5) Medium Neutral Citation:  [2015] NSWLEC 103 Hearing Date(s):  22 June 2015 Date of Orders: 26 June 2015 Decision Date:  26 June 2015 Jurisdiction:  Class 5 Before:  Pepper J Decision:  Application for reasonable loss and expenses in complying with subpoena dismissed. Exhibits returned. Catchwords:  COSTS: whether prosecutor entitled to its reasonable loss or expenses complying with a subpoena in criminal proceedings in the Court’s summary jurisdiction – whether “reasonable loss or expenses” includes “costs” and vice versa – whether loss or expenses “reasonable” in light of alleged disentitling conduct by prosecutor – whether if loss and expenses reasonable, prosecutor nevertheless to be denied payment due to alleged disentitling conduct – loss and fees reasonable in all the circumstances – alleged disentitling conduct not material or sufficient to preclude award.   STATUTORY CONSTRUCTION: whether later statute inconsistent with and therefore impliedly repealed earlier delegated legislation – applicable principles – implied repeal to the extent of the inconsistency – no power to award reasonable loss and expenses where applicant a prosecutor in criminal proceedings in the Court’s summary jurisdiction. Legislation Cited:  Criminal Procedure Act 1986, ss 257B, 257C Environmental Planning and Assessment Act 1979, ss 125, 76B Land and Environment Court Act 1979, s 68 Land and Environment Court Rules 2007, r 5.2 Supreme Court Rules 1970, Pt 75 Sutherland Shire Local Environmental Plan 2000 Sutherland Shire Local Environmental Plan 2006 Uniform Civil Procedure Rules...