Secretary, Department of Planning, Industry and Environment v Auen Grain Pty Ltd; Greentree; Merrywinebone Pty Ltd; Harris (No 5) [2021] NSWLEC 6

Secretary, Department of Planning, Industry and Environment v Auen Grain Pty Ltd; Greentree; Merrywinebone Pty Ltd; Harris (No 5) [2021] NSWLEC 6

The Court vacated the February 2021 further hearing dates because the proceedings had sufficient complexity, volume of evidence and multiple separately represented parties to make substitution of senior counsel problematic; the prosecutor's senior counsel was unavailable due to unusual circumstances beyond the control of the parties; maintaining existing representation was more likely to allow efficient completion; and listing the matter for 7 June 2021 appropriately balanced fairness to the parties, the defendants' delay concerns, and the public interest in the administration of justice.

Jurisdiction
Australia
Judgment Date
04 February 2021
Procedural Posture
Class 5 Criminal Proceedings Concerning Land Clearing Offences / Notice of Motion by the Prosecutor to Vacate Further Hearing Dates in Part Heard Proceedings
Outcome
The prosecutor's motion was granted and the further hearing dates were vacated, with new hearing dates fixed.
Legal Topics
['adjournment of Criminal Trial' 'vacation of Hearing Dates' 'land Clearing Offences' 'native Vegetation']
['criminal Procedure' 'environmental Law'] ['adjournment of Criminal Trial' 'vacation of Hearing Dates' 'land Clearing Offences' 'native Vegetation']

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Procedural Posture

Class 5 Criminal Proceedings Concerning Land Clearing Offences / Notice of Motion by the Prosecutor to Vacate Further Hearing Dates in Part Heard Proceedings

Legal Issues

  1. 1 ["Whether the further hearing listed from 15 to 19 February 2021 should be vacated because the prosecutor's senior counsel was unavailable." 'Whether any prejudice or delay to the defendants, particularly the Harris Parties, outweighed the reasons for vacating the hearing dates.' 'What further hearing date should be fixed if the existing dates were vacated.']

Ratio Decidendi

The Court vacated the February 2021 further hearing dates because the proceedings had sufficient complexity, volume of evidence and multiple separately represented parties to make substitution of senior counsel problematic; the prosecutor's senior counsel was unavailable due to unusual circumstances beyond the control of the parties; maintaining existing representation was more likely to allow efficient completion; and listing the matter for 7 June 2021 appropriately balanced fairness to the parties, the defendants' delay concerns, and the public interest in the administration of justice.

Court Disposition

The prosecutor's motion was granted and the further hearing dates were vacated, with new hearing dates fixed.

Orders

  • ['The further hearing in these proceedings listed from 15 to 19 February 2021 be vacated.' 'These proceedings be listed for a further 5-day hearing commencing on 7 June 2021.']