Environment Protection Authority v Aussie Earthmovers Pty Ltd (No 2) [2020] NSWLEC 98

Environment Protection Authority v Aussie Earthmovers Pty Ltd (No 2) [2020] NSWLEC 98

The court found that Aussie Earthmovers Pty Ltd, through its controlling mind Mr Mouawad, knowingly supplied false and misleading information about asbestos waste disposal, which did not originate from Suez and was not disposed of as claimed. The defendant's lack of appearance and evidence of substituted service permitted the ex parte hearing, and facts proved the elements of both offences under s 144AA(2) POEO Act beyond reasonable doubt.

Parties
Prosecutor: Environment Protection Authority; Defendant: Aussie Earthmovers Pty Ltd
Jurisdiction
Australia
Judgment Date
24 July 2020
Procedural Posture
Criminal Prosecution / Liability Judgment Ex Parte
Outcome
Two charges proved beyond reasonable doubt; arrangements for sentencing to be made.
Legal Topics
False or Misleading Information About Waste, Corporate Attribution of Mental State, Substituted Service, Ex Parte Proceedings, Evidentiary Principles
Environmental Law Criminal Law Corporate Criminal Liability False or Misleading Information About Waste Corporate Attribution of Mental State Substituted Service Ex Parte Proceedings Evidentiary Principles

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 21 Party arguments 1 Amounts and remedies 4
Sign in to unlock

Parties

Environment Protection Authority

Prosecutor

Aussie Earthmovers Pty Ltd

Defendant

Procedural Posture

Criminal Prosecution / Liability Judgment Ex Parte

Legal Issues

  1. 1 Whether the defendant knowingly supplied false information about waste
  2. 2 Whether the actions and state of mind of Mr Mouawad can be attributed to the corporate defendant
  3. 3 Whether the information was supplied in the course of dealing with waste and was false in a material respect

Ratio Decidendi

The court found that Aussie Earthmovers Pty Ltd, through its controlling mind Mr Mouawad, knowingly supplied false and misleading information about asbestos waste disposal, which did not originate from Suez and was not disposed of as claimed. The defendant's lack of appearance and evidence of substituted service permitted the ex parte hearing, and facts proved the elements of both offences under s 144AA(2) POEO Act beyond reasonable doubt.

Court Disposition

Two charges proved beyond reasonable doubt; arrangements for sentencing to be made.

Orders

  • Proceedings No. 104771 and 104773 of 2018 to be heard and determined in the absence of the Defendant pursuant to s 250 of the Criminal Procedure Act 1986
  • Both charges of knowingly supplying false information proved beyond reasonable doubt; sentencing arrangements to be made