Cessnock City Council v Courtney

[2004] NSWLEC 486

Land and Environment Court

of New South Wales

CITATION:

Cessnock City Council v Courtney [2004] NSWLEC 486

PARTIES:

PROSECUTOR
Cessnock City Council

DEFENDANT
Wayne Leslie Courtney

FILE NUMBER(S):

50013 of 2004

CORAM:

Cowdroy J

KEY ISSUES:

Prosecution :- prior inconsistent statement - cross examination allowed confined to limited factual issue

LEGISLATION CITED:

Evidence Act 1995, s 43

CASES CITED:

DATES OF HEARING:

17/08/2004

EX TEMPORE
JUDGMENT DATE :

08/17/2004

LEGAL REPRESENTATIVES:

PROSECUTOR
Mr T Howard (Barrister)

SOLICITORS
Cleaves Mallik Gibbs

DEFENDANT
Mr P Arden SC
Mr J Kildea (Barrister)

SOLICITORS
Thompson Norrie

JUDGMENT:

IN THE LAND AND

ENVIRONMENT COURT

OF NEW SOUTH WALES

Cowdroy J

17 August 2004

50013 of 2004 CESSNOCK CITY COUNCIL v WAYNE LESLIE COURTNEY

Judgment – No. 1 prior inconsistent statement

1 In this matter, an application has been made by the prosecutor pursuant to s 43 of the Evidence Act 1995 to cross-examine Mr Lyndon Stanley Everett on the evidence which he has provided to the Court during cross-examination. It is said that there is a prior inconsistent statement which he has made and accordingly that justifies the application. Having read a letter which has been provided by the prosecutor, it could be said that the evidence which Mr Everett provided to the Court is inconsistent. I think it is appropriate in the interests of both the prosecutor and the defendant to have this potential matter of inconsistent evidence resolved. For that reason I will permit the prosecutor to recall Mr Everett and to cross-examine him upon the limited subject, namely when it was that he was asked to provide top soil to the site, the subject of these proceedings.