Burwood Council v Wu Long Dai (No 2) [2026] NSWLEC 77
Before: Pepper J · NSW Land and Environment Court
Summary
PROCEDURE: application to amend notice of motion and statement of charge in respect of proceedings for contempt – opposed by respondent – applicable legal principles – whether amendment substantial – whether amendment required to rectify defects in statement of charge – whether amendment would cause
Catchwords
PROCEDURE: application to amend notice of motion and statement of charge in respect of proceedings for contempt – opposed by respondent – applicable legal principles – whether amendment substantial – whether amendment required to rectify defects in statement of charge – whether amendment would cause prejudice to the respondent – application refused. CONTEMPT: non-compliance with court orders to dismantle structure located in residential backyard –whether statement of charge defective – whether statement of charge impermissibly aggregated allegations of non-compliance with court orders giving rise to contempt – whether statement of charge unclear – whether particulars were required to be provided given the terms of the orders.
Outcome
Application to amend contempt notice of motion and statement of charge dismissed with costs.
Legislation cited
Crimes (Administration of Sentences) Act 1999, s 77 Environmental Planning and Assessment Act 1979, ss 9.37(1), 9.46(2)(b) Land and Environment Court Rules 2007, r 6.3 Supreme Court Rules 1970, Pt 55 rr 3, 6, 7 Uniform Civil Procedure Rules 2005, rr 40.7(1)(b), 7.36(1)
Read the full judgment
Authoritative text on NSW Caselaw · ~32k words
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