The Hills Shire Council v C F Pye Pty Ltd [2014] NSWLEC 49

The Hills Shire Council v C F Pye Pty Ltd [2014] NSWLEC 49

Leave to withdraw the guilty pleas should be granted since the sites have been remediated and the objects of the Protection of the Environment Operations Act 1997 have been met; with no evidence offered, the summonses should be dismissed.

Source-derived case information.

Parties
Prosecutor: The Hills Shire Council; Defendant: C F Pye Pty Limited; Defendant: A R Conolly & Company
Jurisdiction
Australia
Judgment Date
23 April 2014
Procedural Posture
Prosecution / Hearing
Outcome
summons dismissed
Legal Topics
Failure to Comply With Clean Up Notice, Withdrawal of Guilty Plea
Environmental Law Criminal Law Failure to Comply With Clean Up Notice Withdrawal of Guilty Plea

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Parties

The Hills Shire Council

Prosecutor

C F Pye Pty Limited

Defendant

A R Conolly & Company

Defendant

Procedural Posture

Prosecution / Hearing

Legal Issues

  1. 1 Whether leave should be granted to withdraw guilty pleas in prosecutions for failure to comply with clean-up notices under s 91(5) of the Protection of the Environment Operations Act 1997 (NSW)
  2. 2 Whether the interests of justice are satisfied by allowing withdrawal of the guilty plea when the object of the clean-up notices has been achieved

Ratio Decidendi

Leave to withdraw the guilty pleas should be granted since the sites have been remediated and the objects of the Protection of the Environment Operations Act 1997 have been met; with no evidence offered, the summonses should be dismissed.

Court Disposition

summons dismissed

Orders

  • In proceedings 50452 of 2013 the summons is dismissed.
  • In proceedings 50453 of 2013 the summons is dismissed.