Recent Cases

Huang v Nazaran [2023] NSWCA 8 (13 February 2023) (White JA at [1]; Simpson AJA at [25]; Basten AJA at [26])


PRACTICE AND PROCEDURE – amendments – leave to amend originating process – where application for leave made late and no explanation of delay – where proposed amendments disclose no prospects of success – no issue of principle – leave to amend refused

ADMINISTRATIVE LAW – judicial review – whether failure to find existence of “offensive noise” within the meaning of the Protection of the Environment Operations Act 1997 (NSW) at first-instance and on appeal amounts to jurisdictional error by reason of wrongful refusal to assume jurisdiction – whether impugned findings of fact as to placement of air conditioner said to emit “offensive noise” resulted in jurisdictional errors – held that jurisdictional error not arguable