SafeWork NSW v Solveco Pty Ltd; SafeWork NSW v Brent Martin Lawson; SafeWork NSW v Tiberiu Orden; (No. 1) [2021] NSWDC 298

SafeWork NSW v Solveco Pty Ltd; SafeWork NSW v Brent Martin Lawson; SafeWork NSW v Tiberiu Orden; (No. 1) [2021] NSWDC 298

The prosecution case as framed by the Summons and Statement of Facts was always wide enough to encompass risk to both Mr Hender and Mr Forsyth; the amendment sought will not result in unfair prejudice to the defendants; the leave to amend is granted as the fair trial of the accused is not compromised.

Jurisdiction
Australia
Judgment Date
06 July 2021
Procedural Posture
Criminal / Application for Leave to Amend Summons at Early Trial Stage
Outcome
Leave granted
Legal Topics
['amendment of Pleadings' 'summary Offences' 'procedural Fairness' 'work Health and Safety Duty' 'prejudice From Amendment of Charge']
['criminal Law' 'work Health and Safety'] ['amendment of Pleadings' 'summary Offences' 'procedural Fairness' 'work Health and Safety Duty' 'prejudice From Amendment of Charge']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Application for Leave to Amend Summons at Early Trial Stage

Legal Issues

  1. 1 ['Whether leave should be granted to the prosecutor to amend the Summons to include an additional worker at risk' 'Whether the amendment would result in prejudice to the fair trial of the accused' 'Whether the factual scope of the prosecution case is limited by the original Summons and particulars']

Ratio Decidendi

The prosecution case as framed by the Summons and Statement of Facts was always wide enough to encompass risk to both Mr Hender and Mr Forsyth; the amendment sought will not result in unfair prejudice to the defendants; the leave to amend is granted as the fair trial of the accused is not compromised.

Court Disposition

Leave granted

Orders

  • ["Grant leave to the prosecutor to amend the Summons in the manner proposed in the annexures to the affidavit of Mr O'Connell dated 22 June 2021 in each of the three matters."]