Pittwater Council v A1 Professional Tree Recycling Pty Ltd [2008] NSWLEC 325

Pittwater Council v A1 Professional Tree Recycling Pty Ltd [2008] NSWLEC 325

Mr Wright's prior role as an investigator for the prosecutor council and his recommendation of investigation/prosecution did not, of itself, show that he lacked capacity to bring the requisite degree of impartiality to his expert evidence. In the absence of additional factors demonstrating that he had adopted the role of advocate or otherwise requiring exclusion, paragraph 12 of his affidavit was not rejected.

Jurisdiction
Australia
Judgment Date
15 December 2008
Procedural Posture
Prosecution of a Charge of Unlawful Clearing of Bushland Contrary to a Council Tree Preservation Order / Hearing of Objection to Admissibility of Expert Evidence
Outcome
Objection overruled
Legal Topics
['expert Evidence' 'impartiality of Expert Witness' 'admissibility of Expert Opinion Evidence' 'council Tree Preservation Order' 'unlawful Clearing of Bushland']
['evidence' 'environmental Law' 'land and Environment Court Criminal Proceedings'] ['expert Evidence' 'impartiality of Expert Witness' 'admissibility of Expert Opinion Evidence' 'council Tree Preservation Order' 'unlawful Clearing of Bushland']

Case Brief

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Procedural Posture

Prosecution of a Charge of Unlawful Clearing of Bushland Contrary to a Council Tree Preservation Order / Hearing of Objection to Admissibility of Expert Evidence

Legal Issues

  1. 1 ["Whether paragraph 12 of the affidavit of the prosecution's expert witness should be inadmissible or excluded because the expert had acted as an investigator for the prosecutor and recommended investigation/prosecution." 'Whether a prior relationship with, employment by, or investigative role for a party is sufficient of itself to reject expert evidence for lack of impartiality.']

Ratio Decidendi

Mr Wright's prior role as an investigator for the prosecutor council and his recommendation of investigation/prosecution did not, of itself, show that he lacked capacity to bring the requisite degree of impartiality to his expert evidence. In the absence of additional factors demonstrating that he had adopted the role of advocate or otherwise requiring exclusion, paragraph 12 of his affidavit was not rejected.

Court Disposition

Objection overruled

Orders

  • ['The objection is overruled.']