Director-General, Department of Environment and Climate Change v Walker Corporation Pty Ltd [2009] NSWLEC 98

Director-General, Department of Environment and Climate Change v Walker Corporation Pty Ltd [2009] NSWLEC 98

The application was refused because, although the witness had valid personal reasons for wishing to travel and DECC should have notified him of the hearing dates earlier, he was a key prosecution witness in a criminal trial, required for documentary cross-examination, significant time zone and practical difficulties would arise, DECC had offered to reimburse reasonable travel change or cancellation costs, and he had not shown that receiving his evidence by video link was appropriate or in the interests of justice.

Jurisdiction
Australia
Judgment Date
21 May 2009
Procedural Posture
Prosecution for an Offence Under S 12 of the Native Vegetation Act 2003 / Urgent Oral Application for the Evidence of a Subpoenaed Prosecution Witness to Be Received by Video Link Before the Listed Hearing
Outcome
Application dismissed.
Legal Topics
['evidence by Video Link' 'subpoenaed Witness' 'cross Examination' 'interests of Justice' 'native Vegetation Clearing']
['practice and Procedure' 'environmental Law' 'criminal Procedure'] ['evidence by Video Link' 'subpoenaed Witness' 'cross Examination' 'interests of Justice' 'native Vegetation Clearing']

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Procedural Posture

Prosecution for an Offence Under S 12 of the Native Vegetation Act 2003 / Urgent Oral Application for the Evidence of a Subpoenaed Prosecution Witness to Be Received by Video Link Before the Listed Hearing

Legal Issues

  1. 1 ['Whether the subpoenaed prosecution witness, Mr Dave Humphreys, should be permitted to give evidence by video link from overseas.' 'Whether permitting video link evidence would be in the interests of justice or appropriate and not unfair to any party, having regard to the importance of the witness, documentary cross-examination, time zone difficulties, convenience, and available reimbursement of travel costs.']

Ratio Decidendi

The application was refused because, although the witness had valid personal reasons for wishing to travel and DECC should have notified him of the hearing dates earlier, he was a key prosecution witness in a criminal trial, required for documentary cross-examination, significant time zone and practical difficulties would arise, DECC had offered to reimburse reasonable travel change or cancellation costs, and he had not shown that receiving his evidence by video link was appropriate or in the interests of justice.

Court Disposition

Application dismissed.

Orders

  • ["Mr Humphrey's application of today's date that his evidence be heard by video link from overseas is dismissed." 'The costs of the application are to be costs in the cause.' 'The Court notes that the hearing is listed for four weeks commencing 25 May 2009.']