Waverley Council v Mary Bobolas [2017] NSWLEC 112

Waverley Council v Mary Bobolas [2017] NSWLEC 112

It is procedurally proper and permissible, under Civil Procedure Act 2005 s 64, for the Court to allow amendment of a Notice of Motion charging contempt so as to charge each respondent individually by name. The respondents were afforded ample opportunity to object or take points regarding service and amendment but failed to do so; thus the objection to the Amended Notice of Motion must be dismissed.

Jurisdiction
Australia
Judgment Date
25 August 2017
Procedural Posture
Notice of Motion (contempt Proceedings) / Interlocutory; Ruling on Objection to Amended Notice of Motion
Outcome
Objection to Amended Notice of Motion dismissed
Legal Topics
['amendment of Pleadings' 'contempt of Court' 'enforcement Proceedings' 'notice of Motion Procedure']
['civil Procedure'] ['amendment of Pleadings' 'contempt of Court' 'enforcement Proceedings' 'notice of Motion Procedure']

Case Brief

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Procedural Posture

Notice of Motion (contempt Proceedings) / Interlocutory; Ruling on Objection to Amended Notice of Motion

Legal Issues

  1. 1 ['Whether amendment of the Notice of Motion to individually name each respondent in a contempt charge is permissible' 'Whether any defect existed in amendment procedure or service with respect to Amended Notice of Motion' 'Whether respondents were prejudiced by the amendment']

Ratio Decidendi

It is procedurally proper and permissible, under Civil Procedure Act 2005 s 64, for the Court to allow amendment of a Notice of Motion charging contempt so as to charge each respondent individually by name. The respondents were afforded ample opportunity to object or take points regarding service and amendment but failed to do so; thus the objection to the Amended Notice of Motion must be dismissed.

Court Disposition

Objection to Amended Notice of Motion dismissed

Orders

  • ['Complaint against the Amended Notice of Motion is dismissed' "Council's Amended Notice of Motion to proceed against each respondent individually"]