Wollongong City Council v Frames & Trusses (NSW) Pty Limited (No 2) [2014] NSWLEC 135

Wollongong City Council v Frames & Trusses (NSW) Pty Limited (No 2) [2014] NSWLEC 135

The Statement of Charge, as lodged and as proposed to be amended, sufficiently specifies the acts alleged to constitute contempt. The defendant has adequate information to answer the charge. Amendments to the Notice of Motion and Statement of Charge are allowed as they cause no prejudice to the defendant.

Parties
Applicant/prosecutor: Wollongong City Council; Respondent/defendant: Frames & Trusses (NSW) Pty Limited
Jurisdiction
Australia
Judgment Date
02 September 2014
Procedural Posture
Contempt Proceedings (class 4) / Ruling on Objections to Notice of Motion and Statement of Charge; Ruling on Applications to Amend Initiating Documents
Outcome
Defendant's objections dismissed; prosecutor's amendments allowed; costs in the cause.
Legal Topics
Specification of Alleged Contempt, Adequacy of Pleadings, Amendment of Originating Process, Civil or Criminal Contempt
Contempt of Court Environmental and Planning Law Specification of Alleged Contempt Adequacy of Pleadings Amendment of Originating Process Civil or Criminal Contempt

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Wollongong City Council

Applicant/prosecutor

Frames & Trusses (NSW) Pty Limited

Respondent/defendant

Procedural Posture

Contempt Proceedings (class 4) / Ruling on Objections to Notice of Motion and Statement of Charge; Ruling on Applications to Amend Initiating Documents

Legal Issues

  1. 1 Whether the Statement of Charge (SOC) specified the alleged contempt adequately
  2. 2 Whether the Notice of Motion (NOM) and SOC should be amended
  3. 3 Whether the contempt proceeding is criminal or civil in character

Ratio Decidendi

The Statement of Charge, as lodged and as proposed to be amended, sufficiently specifies the acts alleged to constitute contempt. The defendant has adequate information to answer the charge. Amendments to the Notice of Motion and Statement of Charge are allowed as they cause no prejudice to the defendant.

Court Disposition

Defendant's objections dismissed; prosecutor's amendments allowed; costs in the cause.

Orders

  • The defendant's objections to the prosecutor's Notice of Motion and Statement of Charge are dismissed.
  • The prosecutor's applications to amend the Notice of Motion and Statement of Charge are allowed.