Secretary, Department of Planning and Environment v Leda Manorstead Pty Ltd (No 2) [2018] NSWLEC 195

Paragraph [344] of the affidavit containing the defendant's admissions is admissible because the admissions were made voluntarily after legal advice, there is no evidence of improper inducement or unreliability, and no unfair prejudice arises under ss 90, 135, or 137 of the Evidence Act 1995.

Jurisdiction: Australia
Judgment Date: 27 November 2018
Procedural Posture: Class 5 Criminal Proceedings / Interlocutory Ruling on Admissibility of Evidence
Outcome: Evidence allowed; admissions are admissible.
Legal Topics: ['admissibility of Admissions' 'exclusion of Evidence' 'unfair Prejudice' 'bulk Earthworks Approvals']

['environmental Law' 'criminal Procedure' 'evidence Law'] ['admissibility of Admissions' 'exclusion of Evidence' 'unfair Prejudice' 'bulk Earthworks Approvals']

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

Procedural Posture

Class 5 Criminal Proceedings / Interlocutory Ruling on Admissibility of Evidence

Legal Issues

1 ['Whether admissions made by the defendant in correspondence prior to proceedings are admissible in criminal proceedings' 'Whether the admissions should be excluded under ss 90, 135, or 137 of the Evidence Act 1995 due to unfair prejudice or circumstances of making']

Ratio Decidendi

Court Disposition

Evidence allowed; admissions are admissible.

Orders

['Paragraph [344] of the affidavit of Stewart McLachlan sworn 19 May 2017 is admissible.' 'The exhibits on the voir dire are to be returned.']