Environment Protection Authority v Bartter Enterprises Pty Ltd (No 2) [2020] NSWLEC 79
The Court declined to grant leave to adduce the further evidence of Mr Hayes since his statement was replete with qualifications as to lack of recollection, would prejudice the Defendant, would lead to unreasonable extension of proceedings, and did not address a fact in issue.
- Parties
- Prosecutor: Environment Protection Authority; Defendant: Bartter Enterprises Pty Ltd
- Jurisdiction
- Australia
- Judgment Date
- 17 June 2020
- Procedural Posture
- Class 5 Criminal/prosecution / Procedural Ruling on Application to Adduce Further Evidence
- Outcome
- Application refused
- Legal Topics
- Adducing Further Evidence, Exercise of Judicial Discretion, Prejudice to Party, Res Gestae
Case Brief
Summary, issues, holding and outcome
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Parties
Environment Protection Authority
Prosecutor
Bartter Enterprises Pty Ltd
Defendant
Procedural Posture
Class 5 Criminal/prosecution / Procedural Ruling on Application to Adduce Further Evidence
Legal Issues
- 1 Whether leave should be granted to adduce further evidence served late
- 2 Whether evidence with extensive qualifications and lack of recollection is admissible
Ratio Decidendi
The Court declined to grant leave to adduce the further evidence of Mr Hayes since his statement was replete with qualifications as to lack of recollection, would prejudice the Defendant, would lead to unreasonable extension of proceedings, and did not address a fact in issue.
Court Disposition
Application refused
Orders
- Leave to adduce further evidence from Mr Kieron Hayes (conference notes dated 3 June 2020) refused.
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