Environment Protection Authority v BMG Environmental Group Pty Ltd and Barnes [2012] NSWLEC 48

Environment Protection Authority v BMG Environmental Group Pty Ltd and Barnes [2012] NSWLEC 48

Because the corporate defendant's directors were deadlocked, the trial was due to start in a week, and prompt clarification of whether the defendants maintained pleas of not guilty was needed, the Court granted the solicitor leave to cease acting and made directions for written notification of the defendants' positions.

Jurisdiction
Australia
Judgment Date
19 March 2012
Procedural Posture
Class 5 Criminal Proceedings / Notice of Motion by Solicitor for Leave to File and Serve a Notice of Ceasing to Act
Outcome
Leave granted to solicitor to cease to act.
Legal Topics
['leave for Solicitor to Cease to Act' 'directions Concerning Pleas of Not Guilty' 'urgent Pre Trial Directions']
['practice and Procedure'] ['leave for Solicitor to Cease to Act' 'directions Concerning Pleas of Not Guilty' 'urgent Pre Trial Directions']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 5 Criminal Proceedings / Notice of Motion by Solicitor for Leave to File and Serve a Notice of Ceasing to Act

Legal Issues

  1. 1 ['Whether Adrian Richard Walmsley, solicitor, should be granted leave to file and serve forthwith a notice of ceasing to act for the defendant.' 'Whether directions should be made requiring the directors of BMG Environmental Group Pty Ltd and Allan Charles Barnes to indicate whether pleas of not guilty would be maintained.']

Ratio Decidendi

Because the corporate defendant's directors were deadlocked, the trial was due to start in a week, and prompt clarification of whether the defendants maintained pleas of not guilty was needed, the Court granted the solicitor leave to cease acting and made directions for written notification of the defendants' positions.

Court Disposition

Leave granted to solicitor to cease to act.

Orders

  • ['Grant to Adrian Richard Walmsley, solicitor, leave to file and serve forthwith a notice of ceasing to act for the defendant in these proceedings.' 'That the defendant be served with a copy of these orders and the notice of ceasing to act electronically to Mark Watson of Watson Mangioni Lawyers Pty Ltd solicitors...