Secretary, Department of Planning and Environment v Leda Manorstead Pty Ltd (No 3) [2018] NSWLEC 197

Secretary, Department of Planning and Environment v Leda Manorstead Pty Ltd (No 3) [2018] NSWLEC 197

Leave was granted because the Macleod affidavit was plainly relevant to the way Leda put its defence, its admission would not unduly lengthen the hearing, Leda could identify no actual prejudice and any inconvenience could be ameliorated by conferral, instructions or a short adjournment, exclusion would be unfair to the Department, and Mr Macleod was amply qualified by his expertise and experience in soil and water management, erosion and sediment control to give the opinions in the affidavit.

Jurisdiction
Australia
Judgment Date
30 November 2018
Procedural Posture
Class 5 Criminal Proceedings / Procedural Application by the Prosecutor for Leave to Read an Affidavit Served Late During the Hearing
Outcome
Leave granted to the Department to read the affidavit of Mr Andrew Macleod affirmed 22 November 2018.
Legal Topics
['leave to Rely on Late Served Affidavit' 'relevance of Evidence' 'prejudice to Defendant' 'disclosure Regime in Pt 5 Div 2 a of the Criminal Procedure Act 1986' 'expert Opinion Evidence' 'construction of Project Approval Conditions']
['evidence' 'criminal Procedure' 'planning and Environment'] ['leave to Rely on Late Served Affidavit' 'relevance of Evidence' 'prejudice to Defendant' 'disclosure Regime in Pt 5 Div 2 a of the Criminal Procedure Act 1986' 'expert Opinion Evidence' 'construction of Project Approval Conditions']

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Procedural Posture

Class 5 Criminal Proceedings / Procedural Application by the Prosecutor for Leave to Read an Affidavit Served Late During the Hearing

Legal Issues

  1. 1 ['Whether the prosecutor should be granted leave to read the affidavit of Mr Andrew Macleod affirmed 22 November 2018 despite late service.' 'Whether the Macleod affidavit was relevant to issues in the proceedings.' 'Whether admission of the late-served affidavit would cause prejudice or unfairness to Leda Manorstead Pty Ltd.' 'Whether late service contrary to Pt 5 Div 2A of the Criminal Procedure Act 1986 required exclusion of the affidavit.' 'Whether Mr Macleod was qualified to give the opinion evidence in his affidavit under s 79 of the Evidence Act 1995.']

Ratio Decidendi

Leave was granted because the Macleod affidavit was plainly relevant to the way Leda put its defence, its admission would not unduly lengthen the hearing, Leda could identify no actual prejudice and any inconvenience could be ameliorated by conferral, instructions or a short adjournment, exclusion would be unfair to the Department, and Mr Macleod was amply qualified by his expertise and experience in soil and water management, erosion and sediment control to give the opinions in the affidavit.

Court Disposition

Leave granted to the Department to read the affidavit of Mr Andrew Macleod affirmed 22 November 2018.

Orders

  • ['Leave granted to read the affidavit of Mr Andrew Macleod affirmed 22 November 2018.' 'The exhibits on the voir dire are to be returned.']