Zhang v Woodgate [2014] NSWLEC 143

Zhang v Woodgate [2014] NSWLEC 143

There is a serious question to be tried regarding the extension of Nutricia principles to statutory notices served on third party witnesses after prosecution proceedings have commenced, balance of convenience favours interlocutory relief to prevent prejudice to the applicant pending determination.

Parties
Applicant: Jian Wen Zhang; First Respondent: Matthew Woodgate; Second Respondent: Lane Cove Council
Jurisdiction
Australia
Judgment Date
08 September 2014
Procedural Posture
Interlocutory Application / Interlocutory Injunction Pending Final Determination
Outcome
Interlocutory injunction granted pending final determination
Legal Topics
Interlocutory Relief, Statutory Interpretation, Contempt of Court, Abuse of Process
Administrative Law Environmental Law Civil Procedure Interlocutory Relief Statutory Interpretation Contempt of Court Abuse of Process

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 3 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Jian Wen Zhang

Applicant

Matthew Woodgate

First Respondent

Lane Cove Council

Second Respondent

Procedural Posture

Interlocutory Application / Interlocutory Injunction Pending Final Determination

Legal Issues

  1. 1 Whether the statutory power under s 118BA of the Environmental Planning and Assessment Act 1979 can be validly exercised to compel a third party to attend to answer questions regarding ongoing criminal proceedings after prosecution has commenced
  2. 2 Whether such exercise of statutory power constitutes contempt of court or abuse of process when used for sole or dominant purpose of obtaining evidence for pending proceedings

Ratio Decidendi

There is a serious question to be tried regarding the extension of Nutricia principles to statutory notices served on third party witnesses after prosecution proceedings have commenced, balance of convenience favours interlocutory relief to prevent prejudice to the applicant pending determination.

Court Disposition

Interlocutory injunction granted pending final determination

Orders

  • An interlocutory injunction restraining the First Respondent and/or Second Respondent from purporting to exercise power under s 118BA of the Environmental Planning and Assessment Act 1979 in furtherance of the notice dated 29 August 2014 given by the First Respondent pending final determination of these proceedings.
  • Costs reserved.