Marrickville Council v Danias and ors [2002] NSWLEC 49
Leave to amend the Orders and Summons is granted because the particulars already cover the essential elements under s 76A and no prejudice to the defendants is demonstrated. The amendments constitute a clarification rather than creation of a new offence, and are permitted under statutory powers.
- Jurisdiction
- Australia
- Judgment Date
- 12 April 2002
- Procedural Posture
- Class 5 Criminal Proceedings / Interlocutory Application for Amendment of Orders and Summons
- Outcome
- Leave to amend granted; costs reserved.
- Legal Topics
- ['amendment of Pleadings' 'existing Use Rights' 'development Consent' 'statutory Time Limitation']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Class 5 Criminal Proceedings / Interlocutory Application for Amendment of Orders and Summons
Legal Issues
- 1 ['Whether amendment of pleadings creates a new offence' 'Whether amendment is out of time under statutory limitation' 'Whether amendment causes prejudice to defendants' 'Jurisdiction and power to permit amendments in Class 5 matters']
Ratio Decidendi
Leave to amend the Orders and Summons is granted because the particulars already cover the essential elements under s 76A and no prejudice to the defendants is demonstrated. The amendments constitute a clarification rather than creation of a new offence, and are permitted under statutory powers.
Court Disposition
Leave to amend granted; costs reserved.
Orders
- ['Orders 1, 2 and 3 in Notice of Motion filed 18 January 2002 are granted' 'Summons amended as specified' 'Costs reserved']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment