SafeWork NSW v Saunders Civilbuild Pty Ltd [2021] NSWDC 526

SafeWork NSW v Saunders Civilbuild Pty Ltd [2021] NSWDC 526

The use of 'and/or' in the Summons did not, in this case, render the charge so uncertain or duplicitous as to cause unfairness or prevent the defendant from knowing the case to meet. The Court was not satisfied that there was any prejudice created by the pleading, and thus the exceptional circumstances necessary for a permanent stay were not present.

Parties
Prosecutor: SafeWork NSW; Defendant: Saunders Civilbuild Pty Ltd
Jurisdiction
Australia
Judgment Date
05 October 2021
Procedural Posture
Criminal / Application for Permanent Stay of Proceedings
Outcome
Defendant's application for a permanent stay refused.
Legal Topics
Permanent Stay of Proceedings, Pleadings, Particulars, Amendment of Summons, Use of 'and/or' in Pleadings
Criminal Procedure Work Health and Safety Permanent Stay of Proceedings Pleadings Particulars Amendment of Summons Use of 'and/or' in Pleadings

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Parties

SafeWork NSW

Prosecutor

Saunders Civilbuild Pty Ltd

Defendant

Procedural Posture

Criminal / Application for Permanent Stay of Proceedings

Legal Issues

  1. 1 Whether the use of 'and/or' in the Summons renders the charge duplicitous or uncertain so as to justify a permanent stay of proceedings
  2. 2 Whether leave to amend the Summons should be refused due to irreparable prejudice

Ratio Decidendi

The use of 'and/or' in the Summons did not, in this case, render the charge so uncertain or duplicitous as to cause unfairness or prevent the defendant from knowing the case to meet. The Court was not satisfied that there was any prejudice created by the pleading, and thus the exceptional circumstances necessary for a permanent stay were not present.

Court Disposition

Defendant's application for a permanent stay refused.

Orders

  • The defendant's application for a permanent stay is refused.