Secretary Department of Planning, Industry and Environment v Edenmore Farms Pty Ltd; Keelendi Farms Pty Ltd; T J O’Brien Investments Pty Ltd; O’Brien (No 2) [2022] NSWLEC 76

Secretary Department of Planning, Industry and Environment v Edenmore Farms Pty Ltd; Keelendi Farms Pty Ltd; T J O’Brien Investments Pty Ltd; O’Brien (No 2) [2022] NSWLEC 76

Leave is granted for the Prosecutor to adduce limited parts of the supplementary expert reports: for Mr Watts' report, paragraphs 1-16 and 20; for Dr Hammill Stone's report, paragraphs 1-5, 9-10, and 18. The late introduction of new substantive material would cause unfair prejudice to the Defendants, given their inability to secure responsive expert evidence before trial. Only those parts of the reports that clarify previous statements and do not add significant new material or prejudice are allowed. Hearing dates need not be vacated.

Jurisdiction
Australia
Judgment Date
21 June 2022
Procedural Posture
Criminal Prosecution for Unlawful Clearing of Native Vegetation / Interlocutory Application for Leave to Adduce Additional Expert Evidence Prior to Hearing
Outcome
Leave partially granted to adduce supplementary expert evidence.
Legal Topics
['admissibility of Expert Evidence' 'case Management' 'unlawful Clearing of Native Vegetation' 'procedural Fairness']
['criminal Procedure' 'environmental Law'] ['admissibility of Expert Evidence' 'case Management' 'unlawful Clearing of Native Vegetation' 'procedural Fairness']

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Procedural Posture

Criminal Prosecution for Unlawful Clearing of Native Vegetation / Interlocutory Application for Leave to Adduce Additional Expert Evidence Prior to Hearing

Legal Issues

  1. 1 ['Whether leave should be granted to the Prosecutor to rely on supplementary expert evidence shortly before trial' 'Whether the supplementary evidence causes unfair prejudice to the Defendants']

Ratio Decidendi

Leave is granted for the Prosecutor to adduce limited parts of the supplementary expert reports: for Mr Watts' report, paragraphs 1-16 and 20; for Dr Hammill Stone's report, paragraphs 1-5, 9-10, and 18. The late introduction of new substantive material would cause unfair prejudice to the Defendants, given their inability to secure responsive expert evidence before trial. Only those parts of the reports that clarify previous statements and do not add significant new material or prejudice are allowed. Hearing dates need not be vacated.

Court Disposition

Leave partially granted to adduce supplementary expert evidence.

Orders

  • ["Prosecutor may adduce paragraphs 1-16 and 20 of Mr Watts' supplementary report dated 8 June 2022." "Prosecutor may adduce paragraphs 1-5, 9-10 and 18 of Dr Hammill Stone's supplementary report dated 8 June 2022." 'The hearing dates in July 2022 are not vacated.']