SafeWork NSW v Buddco Pty Ltd [2020] NSWDC 318

SafeWork NSW v Buddco Pty Ltd [2020] NSWDC 318

Leave to amend was granted because the proposed amendments only added particulars of the alleged failures, did not vary the charge, introduce new contraventions, expand the ambit of the charge or change its essential ingredients, and the Summons could be amended without irremediable unfairness to the Defendant. There was no relevant delay, the matter had no trial date, and any prejudice was not irremediable; the interests of justice also favoured putting all alleged failures before the Court.

Jurisdiction
Australia
Judgment Date
19 June 2020
Procedural Posture
Criminal Work Health and Safety Prosecution / Notice of Motion for Leave to Amend Summons Before Trial
Outcome
Leave granted to the Prosecutor to amend the Summons; costs of the motion to be costs in the cause.
Legal Topics
['amendment of Summons' 'defective Indictment' 'particulars of Charge' 'prejudice and Delay' 'prosecution Costs']
['criminal Law' 'work Health and Safety' 'criminal Procedure' 'costs'] ['amendment of Summons' 'defective Indictment' 'particulars of Charge' 'prejudice and Delay' 'prosecution Costs']

Case Brief

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Procedural Posture

Criminal Work Health and Safety Prosecution / Notice of Motion for Leave to Amend Summons Before Trial

Legal Issues

  1. 1 ['Whether leave should be granted to the Prosecutor to amend the particulars of the Summons.' 'Whether the Summons was defective because the allegations did not correspond with evidence the Prosecutor intended to call about reasonably practicable measures.' 'Whether the proposed amendments would cause delay, prejudice, irremediable unfairness or injustice to the Defendant.' 'Whether the interests of justice favoured allowing the amendments in a work health and safety prosecution.']

Ratio Decidendi

Leave to amend was granted because the proposed amendments only added particulars of the alleged failures, did not vary the charge, introduce new contraventions, expand the ambit of the charge or change its essential ingredients, and the Summons could be amended without irremediable unfairness to the Defendant. There was no relevant delay, the matter had no trial date, and any prejudice was not irremediable; the interests of justice also favoured putting all alleged failures before the Court.

Court Disposition

Leave granted to the Prosecutor to amend the Summons; costs of the motion to be costs in the cause.

Orders

  • ['I grant leave to the Prosecutor to amend the Summons issued on 5 July 2019 in accordance with the terms of the proposed Amended Summons which is the annexure marked "B" to the affidavit of Rhys Wilkins affirmed on 16 March 2020 and marked as Exhibit A on this application.' 'Costs of the motion be costs in the...