Environment Protection Authority v Truegain Pty Ltd [No 3] [2012] NSWLEC 78

Environment Protection Authority v Truegain Pty Ltd [No 3] [2012] NSWLEC 78

The Court held that the prosecutor's conduct—persistent breach of directions and refusal to provide particulars—justified an order for costs. Jurisdiction to order costs exists under s 68 of the Land and Environment Court Act 1979 at any stage in Class 5 proceedings where an amendment is made, and s 257C of Criminal Procedure Act does not negate that power.

Parties
Prosecutor: Environment Protection Authority; Defendant: Truegain Pty Ltd
Jurisdiction
Australia
Judgment Date
18 April 2012
Procedural Posture
Criminal / Interlocutory (costs Application Prior to Trial)
Outcome
Costs ordered in favour of the defendant.
Legal Topics
Duplicity in Charges, Court Power to Award Costs, Provision of Particulars
Environmental Law Criminal Law Costs Duplicity in Charges Court Power to Award Costs Provision of Particulars

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Parties

Environment Protection Authority

Prosecutor

Truegain Pty Ltd

Defendant

Procedural Posture

Criminal / Interlocutory (costs Application Prior to Trial)

Legal Issues

  1. 1 Whether an order for costs is justified based on prosecutor's conduct and particulars provision
  2. 2 Whether the Court has jurisdiction to make an interlocutory costs order before conclusion of criminal proceedings

Ratio Decidendi

The Court held that the prosecutor's conduct—persistent breach of directions and refusal to provide particulars—justified an order for costs. Jurisdiction to order costs exists under s 68 of the Land and Environment Court Act 1979 at any stage in Class 5 proceedings where an amendment is made, and s 257C of Criminal Procedure Act does not negate that power.

Court Disposition

Costs ordered in favour of the defendant.

Orders

  • Prosecutor to amend the summons as particularised by deleting the particulars to summons upon which it may no longer rely.
  • Prosecutor to pay the defendant's costs thrown away by reason of the amendment, including costs listed as (a) notice of motion filed on 20 February 2012, (b) amended notice of motion filed on 1 March 2012, (c) costs of 19, 20 and 21 March 2012.