Secretary, Department of Planning, Industry and Environment v Merrywinebone Pty Ltd; Harris [2023] NSWLEC 138

Secretary, Department of Planning, Industry and Environment v Merrywinebone Pty Ltd; Harris [2023] NSWLEC 138

The requirements of s 257D(1)(a)-(d) of the Criminal Procedure Act 1986 (NSW) were not satisfied. The prosecutor's failure to interview Mr Greentree was not unreasonable or improper, attempts were made to do so, and the investigation involved other relevant witnesses. The initiation of proceedings was not without reasonable cause, as sufficient evidence existed to prosecute. There were no exceptional circumstances warranting a costs order. Accordingly, the application for costs was dismissed.

Parties
Prosecutor: Secretary, Department of Planning, Industry and Environment; Defendant: Merrywinebone Pty Ltd; Defendant: Kenneth Bruce Harris
Jurisdiction
Australia
Judgment Date
08 December 2023
Procedural Posture
Criminal (class 5 Land and Environment Court) / Costs Application After Substantive Dismissal
Outcome
Costs application dismissed; no order as to costs.
Legal Topics
Application for Costs Under S 257 D Criminal Procedure Act 1986 (nsw), Reasonableness of Prosecutorial Investigation, Proper Conduct of Proceedings, Exceptional Circumstances Warranting Costs
Environmental Law Criminal Law Costs Application for Costs Under S 257 D Criminal Procedure Act 1986 (nsw) Reasonableness of Prosecutorial Investigation Proper Conduct of Proceedings Exceptional Circumstances Warranting Costs

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 5 Authorities cited 16 Party arguments 2
Sign in to unlock

Parties

Secretary, Department of Planning, Industry and Environment

Prosecutor

Merrywinebone Pty Ltd

Defendant

Kenneth Bruce Harris

Defendant

Procedural Posture

Criminal (class 5 Land and Environment Court) / Costs Application After Substantive Dismissal

Legal Issues

  1. 1 Whether the prosecutor conducted the investigation in an unreasonable or improper manner under s 257D(1)(a)
  2. 2 Whether the proceedings were initiated without reasonable cause or conducted improperly under s 257D(1)(b)
  3. 3 Whether there was an unreasonable failure to investigate relevant exculpatory matters under s 257D(1)(c)

Ratio Decidendi

The requirements of s 257D(1)(a)-(d) of the Criminal Procedure Act 1986 (NSW) were not satisfied. The prosecutor's failure to interview Mr Greentree was not unreasonable or improper, attempts were made to do so, and the investigation involved other relevant witnesses. The initiation of proceedings was not without reasonable cause, as sufficient evidence existed to prosecute. There were no exceptional circumstances warranting a costs order. Accordingly, the application for costs was dismissed.

Court Disposition

Costs application dismissed; no order as to costs.

Orders

  • The application for costs made by Kenneth Bruce Harris and Merrywinebone Pty Ltd is dismissed.
  • By consent, there be no order for costs of the costs application made pursuant to s 257C of the Criminal Procedure Act 1986 (NSW).