M. & S. Investments (NSW) Pty Ltd v Affordable Demolitions and Excavations Pty Ltd

[2024] NSWCA 151

NSW Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Procedure
3. › Indictments and informations
4. › Defects in summons
5. › Wrong statement of date of offence
6. › Whether summons disclosing offence known to law
7. › Whether time essential ingredient of offence
8. › Criminal Procedure Act 1986 (NSW), ss 15, 16, 20, 21
1. Criminal Law
2. › Procedure
3. › Amendment of process
4. › Power to amend summons
5. › Wrong date of commission of offence
6. › Whether summons a nullity precluding amendment
7. › Whether Land and Environment Court has power to amend under Criminal Procedure Act 1986 (NSW)
8. › Criminal Procedure Act 1986 (NSW), ss 20, 21
9. › Land and Environment Court Act 1979 (NSW), s 68
1. Environment and Planning
2. › Offences
3. › Unlawful disposal of asbestos waste
4. › Whether s 144AAA creates positive obligation to dispose at lawful place
5. › Whether offence committed by omission to dispose at lawful place
6. › Protection of the Environment Operations Act 1997 (NSW), s 144AAA
1. Appeal
2. › Criminal appeal
3. › Appeal under s 5F of Criminal Appeal Act 1912 (NSW)
4. › Dismissal of summons as not disclosing offence known to law
5. › Misconstruction and misapplication of Criminal Procedure Act 1986 (NSW)

Quick Take

A wrong statement of the date of an offence in a summons does not render the summons a nullity where time is not an essential ingredient, and amendment is available under ss 20 and 21 of the Criminal Procedure Act 1986 (NSW).