Sutherland Shire Council v Benedict Industries Pty Ltd (No 6)

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Sutherland Shire Council v Benedict Industries Pty Ltd (No 6) [2015] NSWLEC 106 Hearing dates:22 and 23 June 2015Decision date: 29 June 2015 Jurisdiction:Class 5Before: Pepper J Decision: See at [48]. Catchwords: COSTS: whether prosecutor should be ordered to pay accused’s costs consequent upon an adjournment of a four week trial caused by the service of additional and late evidence by the prosecutor – whether conduct of prosecutor unreasonable – whether sufficient evidence of additional costs – whether causal nexus established between unreasonable conduct and additional costs – prosecutor ordered to pay accused costs as agreed or assessed Legislation Cited: Criminal Procedure Act 1986, s 257B, s 257F, s 257G, s 257N Cases Cited: Council of the City of Sydney v Trico Constructions Pty Ltd [2015] NSWLEC 56   Environment Protection Authority v Riverina (Australia) Pty Ltd (No 2) [2014] NSWLEC 191   Sutherland Shire Council v Benedict Industries Pty Ltd [2013] NSWLEC 121   Sutherland Shire Council v Benedict Industries (No 2) [2015] NSWLEC 39 Sutherland Shire Council v Benedict Industries Pty Ltd (No 3) [2015] NSWLEC 97 Category:CostsParties: Sutherland Shire Council (Prosecutor) Benedict Industries Pty Ltd (Defendant) Representation: Counsel: Mr D Buchanan SC (Prosecutor) Mr T Howard SC with Mr C Ireland (Defendant)   Solicitors: Pikes & Verekers Lawyers (Prosecutor) Minter Ellison (Defendant) File Number(s):12/50921, 12/50923, 13/50100JudgmentThe Accused Seeks Payment of Additional Costs Occasioned by the Vacation of the Hearing Due to the Service of New and Late Evidence by...