Secretary, Department of Planning and Environment v Keelendi Farms Pty Ltd; Secretary, Department of Planning and Environment v T J O’Brien Investments Pty Ltd; Secretary, Department of Planning and Environment v Edenmore Farms Pty Ltd; Secretary, Department of Planning and Environment v Timothy Justin O’Brien [2025] NSWLEC 8

Secretary, Department of Planning and Environment v Keelendi Farms Pty Ltd; Secretary, Department of Planning and Environment v T J O’Brien Investments Pty Ltd; Secretary, Department of Planning and Environment v Edenmore Farms Pty Ltd; Secretary, Department of Planning and Environment v Timothy Justin O’Brien [2025] NSWLEC 8

The tender of the earlier Watts reports is rejected because permitting their admission would cause irremediable prejudice to the defendants, necessitate significant delay, and cannot now be satisfactorily cured. The probative value of these reports is limited and does not outweigh the prejudice and delay they would create.

Parties
Prosecutor: Secretary, Department of Planning and Environment; Defendant: Keelendi Farms Pty Ltd; Defendant: T J O'Brien Investments Pty Ltd; Defendant: Edenmore Farms Pty Ltd; Defendant: Timothy Justin O'Brien
Jurisdiction
Australia
Judgment Date
20 February 2025
Procedural Posture
Prosecution (class 5) / Interlocutory Ruling on Evidentiary Objection During Trial
Outcome
Tender of the earlier Watts expert reports rejected.
Legal Topics
Late Service of Expert Evidence, Prejudice to Parties, Admissibility of Expert Reports
Criminal Law Environmental Law Evidence Late Service of Expert Evidence Prejudice to Parties Admissibility of Expert Reports

Case Brief

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Parties

Secretary, Department of Planning and Environment

Prosecutor

Keelendi Farms Pty Ltd

Defendant

T J O'Brien Investments Pty Ltd

Defendant

Edenmore Farms Pty Ltd

Defendant

Timothy Justin O'Brien

Defendant

Procedural Posture

Prosecution (class 5) / Interlocutory Ruling on Evidentiary Objection During Trial

Legal Issues

  1. 1 Whether late expert reports served by the prosecutor should be admitted
  2. 2 Whether admission would cause prejudice to the defendants
  3. 3 The relevance and probative value of the contested expert reports

Ratio Decidendi

The tender of the earlier Watts reports is rejected because permitting their admission would cause irremediable prejudice to the defendants, necessitate significant delay, and cannot now be satisfactorily cured. The probative value of these reports is limited and does not outweigh the prejudice and delay they would create.

Court Disposition

Tender of the earlier Watts expert reports rejected.

Orders

  • Tender of the 3 March 2021 and 8 June 2022 Watts reports refused.
  • Certain paragraphs (129–136) of the Watts primary report rejected in part, subject to further submissions.