Water NSW v Kiangatha Holdings Pty Limited; Water NSW v Laurence Natale [2022] NSWLEC 6

Water NSW v Kiangatha Holdings Pty Limited; Water NSW v Laurence Natale [2022] NSWLEC 6

The proposed amended summonses do not constitute fresh charges but are restricted and further particularised versions of the original charges. The amendments can be made without injustice and are necessary in the interests of justice. Defendants were sufficiently notified of the nature of the offences from the original materials. Use of statutory powers to gather evidence during pending proceedings did not amount to contempt of court or unfairness, as it did not confer a prohibited advantage and was for the investigative purpose of proper delineation of the alleged offences.

Parties
Prosecutor: Water NSW; Defendant: Kiangatha Holdings Pty Limited; Defendant: Laurence Natale
Jurisdiction
Australia
Judgment Date
31 January 2022
Procedural Posture
Summary Criminal Prosecution—application for Leave to Amend Summonses / Interlocutory Ruling on Prosecutor's Application for Leave to Amend Summonses Prior to Plea
Outcome
Application granted—leave to rely on amended summonses and matters stood over for further directions
Legal Topics
Amendment of Criminal Process, Particularisation of Charges, Procedural Fairness, Statutory Investigative Powers, Water Pollution Offences
Criminal Law Environmental Law Civil Procedure Amendment of Criminal Process Particularisation of Charges Procedural Fairness Statutory Investigative Powers Water Pollution Offences

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Parties

Water NSW

Prosecutor

Kiangatha Holdings Pty Limited

Defendant

Laurence Natale

Defendant

Procedural Posture

Summary Criminal Prosecution—application for Leave to Amend Summonses / Interlocutory Ruling on Prosecutor's Application for Leave to Amend Summonses Prior to Plea

Legal Issues

  1. 1 Whether proposed amended summonses constitute fresh charges or permissible amendments
  2. 2 Whether amendments can be made without injustice and are necessary in the interests of justice
  3. 3 Whether notice of amended charges was sufficient for procedural fairness

Ratio Decidendi

The proposed amended summonses do not constitute fresh charges but are restricted and further particularised versions of the original charges. The amendments can be made without injustice and are necessary in the interests of justice. Defendants were sufficiently notified of the nature of the offences from the original materials. Use of statutory powers to gather evidence during pending proceedings did not amount to contempt of court or unfairness, as it did not confer a prohibited advantage and was for the investigative purpose of proper delineation of the alleged offences.

Court Disposition

Application granted—leave to rely on amended summonses and matters stood over for further directions

Orders

  • Prosecutor (Water NSW) granted leave to rely on amended summonses in each proceeding as per notices of motion filed 7 May 2021
  • Proceedings stood over for directions before the List Judge on 25 February 2022