Recent Cases

M. & S. Investments (NSW) Pty Ltd v Affordable Demolitions and Excavations Pty Ltd [2024] NSWCA 151 (19 June 2024) (Ward P, Mitchelmore JA and Preston CJ of LEC)


Catchwords:


ENVIRONMENT AND PLANNING – offences – unlawful disposal of asbestos waste – summons wrongly stating date of commission of offence – stated date preceded date on which offence commenced – summons dismissed as not disclosing offence known to law – appeal – misconstruction and misapplication of applicable statutes

APPEAL – dismissal of summons as not disclosing offence known to law – summons wrongly stated date of commission of offence – stated date preceded date on which offence commenced – misconstruction and misapplication of Criminal Procedure Act 1986 (NSW) – decision not to allow amendment of summons to correct date – misunderstanding of applicable power to amend – misunderstanding of prosecutor’s argument as to how offence committed