Environment Protection Authority v Waight [No 2] [1999] NSWLEC 274

Environment Protection Authority v Waight [No 2] [1999] NSWLEC 274

The Notice to Produce, by seeking production of every document held by the prosecutor relating to the charges from January 1994 to the present, is too wide, lacks sufficient particularity, and is tantamount to discovery in criminal proceedings. Therefore, it should be set aside.

Jurisdiction
Australia
Judgment Date
14 December 1999
Procedural Posture
Criminal / Interlocutory Application to Set Aside Notice to Produce
Outcome
Defendant's Notice to Produce set aside
Legal Topics
['notice to Produce' 'discovery in Criminal Proceedings' 'particularity of Disclosure' 'oppressive Subpoenas']
['criminal Law' 'environment Law' 'practice & Procedure'] ['notice to Produce' 'discovery in Criminal Proceedings' 'particularity of Disclosure' 'oppressive Subpoenas']

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Procedural Posture

Criminal / Interlocutory Application to Set Aside Notice to Produce

Legal Issues

  1. 1 ["Whether the defendant's Notice to Produce should be set aside as too wide and tantamount to discovery in criminal proceedings" 'Whether the Notice to Produce lacked sufficient particularity' 'Whether there was a legitimate forensic purpose for requiring production of the documents']

Ratio Decidendi

The Notice to Produce, by seeking production of every document held by the prosecutor relating to the charges from January 1994 to the present, is too wide, lacks sufficient particularity, and is tantamount to discovery in criminal proceedings. Therefore, it should be set aside.

Court Disposition

Defendant's Notice to Produce set aside

Orders

  • ["The defendant's Notice to Produce is set aside"]