Nash v Glennies Creek Coal Management Pty Ltd [2013] NSWIRComm 60

Nash v Glennies Creek Coal Management Pty Ltd [2013] NSWIRComm 60

Leave to amend is granted as the amendments merely provide further particularisation of existing allegations, do not change the nature of the charges, and no irreparable prejudice or injustice is caused to the defendants; delay, though censured, is insufficient of itself to justify refusal.

Parties
Applicant on the Notice of Motion: New South Wales Department of Industry and Investment; First Respondent on the Notice of Motion: Glennies Creek Coal Management Pty Ltd; Second Respondent on the Notice of Motion: Integra Coal Operations Pty Ltd
Jurisdiction
Australia
Judgment Date
09 July 2013
Procedural Posture
Interlocutory Application / Ruling on Notice of Motion for Amendment of Charges
Outcome
Leave granted to amend charges; costs reserved
Legal Topics
Interlocutory Applications, Amendment of Charges, Case Management, Prejudice, Authority of Prosecutor
Occupational Health and Safety Industrial Relations Interlocutory Applications Amendment of Charges Case Management Prejudice Authority of Prosecutor

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Parties

New South Wales Department of Industry and Investment

Applicant on the Notice of Motion

Glennies Creek Coal Management Pty Ltd

First Respondent on the Notice of Motion

Integra Coal Operations Pty Ltd

Second Respondent on the Notice of Motion

Procedural Posture

Interlocutory Application / Ruling on Notice of Motion for Amendment of Charges

Legal Issues

  1. 1 Whether delay in application to amend charges justified refusing amendment
  2. 2 Whether defendants prejudiced by proposed amendment
  3. 3 Whether amendments change nature of charges or are futile due to alleged invalidity of prosecutor's appointment

Ratio Decidendi

Leave to amend is granted as the amendments merely provide further particularisation of existing allegations, do not change the nature of the charges, and no irreparable prejudice or injustice is caused to the defendants; delay, though censured, is insufficient of itself to justify refusal.

Court Disposition

Leave granted to amend charges; costs reserved

Orders

  • Leave is granted to amend the Amended Applications for Order in IRC proceedings 315 of 2011 and IRC proceedings 316 of 2011 in the terms of the proposed Further Amended Applications for Order annexed to the prosecutor's notice of motion filed on 2 July 2013 and marked "A".
  • Costs are reserved.