Wingecarribee Shire Council v O'Shanassy [2013] NSWLEC 201

Wingecarribee Shire Council v O'Shanassy [2013] NSWLEC 201

Leave was granted to the prosecutor to adduce supplementary affidavit evidence because the evidence was relevant and probative, no hearing date had been fixed, no irremediable unfairness to the defendant was demonstrated, and any prejudice to the defendant could be addressed by a costs order at trial.

Parties
Prosecutor: Wingecarribee Shire Council; Defendant: Paul Gerard O'Shanassy
Jurisdiction
Australia
Judgment Date
14 November 2013
Procedural Posture
Criminal Prosecution / Interlocutory Application for Leave to Adduce Evidence
Outcome
Leave granted to prosecutor to file further affidavits; matter relisted for directions.
Legal Topics
Case Management, Prosecution and Defence Disclosure, Evidence Admissibility, Leave to File Affidavits
Criminal Law Planning and Environment Law Practice and Procedure Case Management Prosecution and Defence Disclosure Evidence Admissibility Leave to File Affidavits

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Parties

Wingecarribee Shire Council

Prosecutor

Paul Gerard O'Shanassy

Defendant

Procedural Posture

Criminal Prosecution / Interlocutory Application for Leave to Adduce Evidence

Legal Issues

  1. 1 Whether leave should be granted to Wingecarribee Shire Council to supplement its notice of prosecution case by adding further affidavits to be relied upon at hearing.

Ratio Decidendi

Leave was granted to the prosecutor to adduce supplementary affidavit evidence because the evidence was relevant and probative, no hearing date had been fixed, no irremediable unfairness to the defendant was demonstrated, and any prejudice to the defendant could be addressed by a costs order at trial.

Court Disposition

Leave granted to prosecutor to file further affidavits; matter relisted for directions.

Orders

  • The prosecutor is granted leave to supplement its notice of the prosecution case pursuant to s 247E of the Criminal Procedure Act 1986 by adding affidavits of William Symons (4 September 2013), Joe Lorincz (13 September 2013), and Shannon Webb (25 September 2013).
  • The matter is relisted for further directions before the List Judge on 22 November 2013.