Director-General, NSW Department of Industry & Investment v Coomes

The matter before the court involved the Director-General of the NSW Department of Industry and Investment, who brought charges against Coomes, pertaining to alleged breaches of the Environmental Planning and Assessment Act 1979. The dispute arose from a series of environmental violations, which the Director-General argued Coomes had committed. The case was heard and determined by the court, which was required to consider the legal arguments presented by both parties.

The primary legal issues before the court were whether Coomes had indeed breached the provisions of the Environmental Planning and Assessment Act 1979 and, if so, what the appropriate penalties and costs should be. The court was also tasked with determining whether the Director-General's charges were justified and whether the evidence presented was sufficient to support a conviction. Furthermore, the court had to decide whether the costs incurred by Coomes in defending the charges could be covered under the provisions of the Costs in Criminal Cases Act 1967.

The court, after carefully considering the evidence and arguments presented, concluded that Coomes was not guilty of the charges brought against him. The court found that the Director-General had not provided sufficient evidence to prove the alleged breaches of the Environmental Planning and Assessment Act 1979. Consequently, the court granted certificates to Coomes under section 2 of the Costs in Criminal Cases Act 1967, which allows for the reimbursement of costs to a defendant in criminal proceedings if they are acquitted. The court also ordered that the costs be reserved pending further instructions.