WaterNSW v Harris [2018] NSWLEC 188

WaterNSW v Harris [2018] NSWLEC 188

Although the Court was reluctant to vacate a criminal hearing close to the listed trial dates, the expert report was significant to the alleged water-taking offences, had become more complex and delayed, might shorten the trial or assist the defendants, and the defendants consented to and desired the vacation; therefore the orders sought in the prosecutor's notice of motion were made.

Jurisdiction
Australia
Judgment Date
15 November 2018
Procedural Posture
Class 5 Criminal Prosecution / Notice of Motion to Vacate Hearing Dates
Outcome
Notice of motion granted; trial dates vacated and directions made.
Legal Topics
['application to Vacate Hearing Dates' 'expert Evidence' 'water Offences' 'pre Trial Directions']
['criminal Procedure' 'environmental Law' 'water Law'] ['application to Vacate Hearing Dates' 'expert Evidence' 'water Offences' 'pre Trial Directions']

Case Brief

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Procedural Posture

Class 5 Criminal Prosecution / Notice of Motion to Vacate Hearing Dates

Legal Issues

  1. 1 ['Whether it was appropriate to vacate the hearing dates for four Class 5 summonses where the prosecutor had not prepared expert material in time for trial and the defendants agreed to the vacation.']

Ratio Decidendi

Although the Court was reluctant to vacate a criminal hearing close to the listed trial dates, the expert report was significant to the alleged water-taking offences, had become more complex and delayed, might shorten the trial or assist the defendants, and the defendants consented to and desired the vacation; therefore the orders sought in the prosecutor's notice of motion were made.

Court Disposition

Notice of motion granted; trial dates vacated and directions made.

Orders

  • ['Leave is granted to the prosecutor to file its notice of motion dated 15 November 2018 in Court.' "The trial scheduled for 19 to 23 November 2018 in each of proceedings 2018/00073924; 2018/00073936; 2018/00073940; and 2018/00073947 ('Proceedings') is vacated." 'The prosecutor is to serve any expert evidence upon...