Environment Protection Authority v McConnell Dowell Constructors (Aust) Pty Ltd [2003] NSWLEC 156

Environment Protection Authority v McConnell Dowell Constructors (Aust) Pty Ltd [2003] NSWLEC 156

The defendant was entitled to the whole of its costs because the matters relied on by the prosecutor did not amount to disentitling conduct. The defendant had not raised a multiplicity of separate issues; its interlocutory challenges and trial contentions were part of the two real issues in the proceedings, namely whether the summons should be struck out and whether guilt was proved beyond reasonable doubt. Other complaints about subpoenas, documents and solicitor duplication were matters for costs assessment, not reasons to reduce the final costs order.

Jurisdiction
Australia
Judgment Date
30 June 2003
Procedural Posture
Class 5 Summary Criminal Prosecution for Pollution of Water Contrary to S 16(1) of the Clean Waters Act 1970 / Costs Determination and Final Orders After the Prosecutor Failed to Establish Guilt in the Primary Judgment
Outcome
Charge dismissed; prosecutor ordered to pay the defendant's costs.
Legal Topics
['pollution of Waters' 'costs in Summary Criminal Proceedings' "successful Defendant's Costs" 'disentitling Conduct' 'land and Environment Court Costs Discretion']
['environmental Law' 'criminal Law' 'costs'] ['pollution of Waters' 'costs in Summary Criminal Proceedings' "successful Defendant's Costs" 'disentitling Conduct' 'land and Environment Court Costs Discretion']

Case Brief

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Procedural Posture

Class 5 Summary Criminal Prosecution for Pollution of Water Contrary to S 16(1) of the Clean Waters Act 1970 / Costs Determination and Final Orders After the Prosecutor Failed to Establish Guilt in the Primary Judgment

Legal Issues

  1. 1 ['Whether the successful defendant should receive all of its costs after the charge was dismissed.' "Whether the defendant's conduct of the proceedings unreasonably prolonged the proceedings or otherwise amounted to disentitling conduct justifying a reduced costs order."]

Ratio Decidendi

The defendant was entitled to the whole of its costs because the matters relied on by the prosecutor did not amount to disentitling conduct. The defendant had not raised a multiplicity of separate issues; its interlocutory challenges and trial contentions were part of the two real issues in the proceedings, namely whether the summons should be struck out and whether guilt was proved beyond reasonable doubt. Other complaints about subpoenas, documents and solicitor duplication were matters for costs assessment, not reasons to reduce the final costs order.

Court Disposition

Charge dismissed; prosecutor ordered to pay the defendant's costs.

Orders

  • ['The charge against the defendant is dismissed.' 'The prosecutor must pay the costs of the defendant determined in accordance with the Land and Environment Court Act 1979.' 'The exhibits may be returned.']