Arcadia Investment Holdings Pty Ltd v Environment Protection Authority [2022] NSWLEC 2

Arcadia Investment Holdings Pty Ltd v Environment Protection Authority [2022] NSWLEC 2

The Court had power to determine the dispute because it arose from a Court-ordered mediation in proceedings within, or at least ancillary to, the Court's Class 4 jurisdiction. Once the EPA solicitor determined that the Mediation Material could rationally affect the assessment of facts in issue in the Mouawad Class 5 Proceedings, the EPA's statutory obligations under s 247O of the Criminal Procedure Act 1986 (NSW) and common law prosecutorial disclosure duties were engaged. Disclosure did not turn on admissibility of the material at trial. The obligation to disclose was therefore compelled by law, and a declaration to that effect was appropriate while the Notice of Motion was otherwise...

Jurisdiction
Australia
Judgment Date
06 January 2022
Procedural Posture
Class 4 Proceedings; Procedural Ruling on Notice of Motion / Notice of Motion Filed 20 September 2021 Seeking Declarations or Orders Concerning Disclosure of Mediation Material
Outcome
Declaration made that disclosure of the Mediation Material to Mr Paul Mouawad for the Mouawad Class 5 Proceedings is required; Notice of Motion otherwise dismissed.
Legal Topics
['prosecutorial Obligation to Disclose' 'confidentiality of Mediation' 'exceptions to Confidentiality' 'court Power to Make Declarations' 'class 4 and Class 5 Proceedings']
['practice and Procedure' 'environmental Law' 'criminal Procedure'] ['prosecutorial Obligation to Disclose' 'confidentiality of Mediation' 'exceptions to Confidentiality' 'court Power to Make Declarations' 'class 4 and Class 5 Proceedings']

Case Brief

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Procedural Posture

Class 4 Proceedings; Procedural Ruling on Notice of Motion / Notice of Motion Filed 20 September 2021 Seeking Declarations or Orders Concerning Disclosure of Mediation Material

Legal Issues

  1. 1 ['Whether the Court had power to determine a dispute concerning disclosure of material produced in a Court-ordered mediation.' 'Whether the EPA was obliged by statute or common law prosecutorial disclosure principles to disclose the Mediation Material to the defendant in unrelated Class 5 proceedings.' 'Whether confidentiality provisions in the Mediation Agreement or the Civil Procedure Act 2005 (NSW) prevented disclosure.' 'Whether the relief sought on the Notice of Motion should be granted and in what form.']

Ratio Decidendi

The Court had power to determine the dispute because it arose from a Court-ordered mediation in proceedings within, or at least ancillary to, the Court's Class 4 jurisdiction. Once the EPA solicitor determined that the Mediation Material could rationally affect the assessment of facts in issue in the Mouawad Class 5 Proceedings, the EPA's statutory obligations under s 247O of the Criminal Procedure Act 1986 (NSW) and common law prosecutorial disclosure duties were engaged. Disclosure did not turn on admissibility of the material at trial. The obligation to disclose was therefore compelled by law, and a declaration to that effect was appropriate while the Notice of Motion was otherwise...

Court Disposition

Declaration made that disclosure of the Mediation Material to Mr Paul Mouawad for the Mouawad Class 5 Proceedings is required; Notice of Motion otherwise dismissed.

Orders

  • ["The Court declares that the disclosure by the Respondent to Mr Paul Mouawad of the Mediation Material, for the purposes of NSWLEC proceedings 2018/260536, 2018/260542 and 2018/260553 (the Mouawad Class 5 Proceedings), is required in accordance with common law principles of Prosecutorial disclosure and the...