Huang v Nazaran

[2023] NSWCA 8

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Amendments
3. › Leave to amend originating process
4. › Application made late without explanation
5. › Whether proposed amendments disclose prospects of success
6. › Uniform Civil Procedure Rules 2005 (NSW), r 59.4
1. Administrative Law
2. › Judicial review
3. › Jurisdictional error
4. › Distinction between jurisdictional fact and fact to be found in exercise of jurisdiction
5. › Whether failure to find existence of 'offensive noise' constituted jurisdictional error
6. › Protection of the Environment Operations Act 1997 (NSW), s 268

Quick Take

The existence of 'offensive noise' is a fact to be found within jurisdiction, not a jurisdictional fact, under the PEO Act, and errors in Local Court or District Court findings on such noise abatement matters do not constitute jurisdictional error subject to judicial review.