Huang v Nazaran [2023] NSWCA 8

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Huang v Nazaran [2023] NSWCA 8 Hearing dates: 3 February 2023 Date of orders: 3 February 2023 Decision date: 13 February 2023 Before: White JA at [1]; Simpson AJA at [25]; Basten AJA at [26] Decision: Leave to file Amended Summons refused. Summons dismissed with costs. Catchwords: 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 Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), Pt 3, s 18 Criminal Appeal Act 1912 (NSW), s 5B Local Court Act 2007 (NSW), s 70(1)(b) Protection of the Environment Operations Act 1997 (NSW), s 268 Protection of the Environment Operations (Noise Control) Regulation 2017 (NSW), cl 45 Uniform Civil Procedure Rules 2005 (NSW), r 59.4 Cases Cited: Forrest v Director of Public Prosecutions (NSW) [2020] NSWCA 162 Huang v Nazaran [2021] NSWCA 243 Jankovic v Director of Public Prosecutions [2020] NSWCA 31 Re McJannet; Ex parte Minister for Employment, Training and Industrial Relations (Qld) (1995) 184 CLR 620; [1995] HCA 31 Category: Principal judgment Parties: Chenlong Huang (First Applicant) Xuejing Li (Second Applicant) Fatemeh Nazaran (First Respondent) District Court of New South Wales (Second Respondent) Representation: Counsel: G W McGrath SC with R Wathukarage (Applicants) A Jones (Solicitor) (First Respondent)