Secretary, Department of Planning and Environment v Harris; Secretary, Department of Planning and Environment v Harris; Secretary, Department of Planning and Environment v Balmoral Farms Pty Ltd; Secretary, Department of Planning and Environment v JP & LR Harris Pty Ltd; Secretary, Department of Planning and Environment v Woolondoon Pty Ltd (No 2) [2024] NSWLEC 48

Secretary, Department of Planning and Environment v Harris; Secretary, Department of Planning and Environment v Harris; Secretary, Department of Planning and Environment v Balmoral Farms Pty Ltd; Secretary, Department of Planning and Environment v JP & LR Harris Pty Ltd; Secretary, Department of Planning and Environment v Woolondoon Pty Ltd (No 2) [2024] NSWLEC 48

The prosecutor is permitted to amend the s 247E notice to include Mr Murphy's second affidavit as it is supplementary, does not obviously constitute expert opinion, falls within the remit of an investigating officer, does not cause irredeemable prejudice, and accords with interests of justice.

Jurisdiction
Australia
Judgment Date
13 May 2024
Procedural Posture
Criminal / Interlocutory/procedural Ruling
Outcome
Application granted in part; further affidavit to be admitted; procedural orders made.
Legal Topics
['amendment of S 247 E Notice' 'disclosure' 'admissibility of Evidence' 'affidavit Evidence' 'expert Evidence']
['criminal Law' 'environmental Law' 'civil Procedure'] ['amendment of S 247 E Notice' 'disclosure' 'admissibility of Evidence' 'affidavit Evidence' 'expert Evidence']

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Procedural Posture

Criminal / Interlocutory/procedural Ruling

Legal Issues

  1. 1 ["Whether the prosecutor should be allowed to further amend the s 247E notice to rely on Mr Murphy's second affidavit in full" 'Whether the affidavit constitutes expert evidence and if its late production causes irredeemable prejudice to the defendants']

Ratio Decidendi

The prosecutor is permitted to amend the s 247E notice to include Mr Murphy's second affidavit as it is supplementary, does not obviously constitute expert opinion, falls within the remit of an investigating officer, does not cause irredeemable prejudice, and accords with interests of justice.

Court Disposition

Application granted in part; further affidavit to be admitted; procedural orders made.

Orders

  • ['Costs reserved.' 'Pre-trial mention listed on 18 July 2024 (time to be confirmed).']