Huang v Nazaran

In *Huang v Nazaran*, the applicant sought leave to amend an originating process in proceedings before the Court of Appeal of New South Wales. The dispute concerned an application for judicial review of a decision regarding alleged "offensive noise" from an air conditioner, with the applicant seeking to amend their summons late in the proceedings.

The primary legal issues before the Court of Appeal were whether the applicant should be granted leave to amend their originating process, particularly given the lateness of the application and the absence of an explanation for the delay. Furthermore, the Court considered whether the proposed amendments disclosed any prospects of success, and whether the original decision-maker's failure to find the existence of "offensive noise" constituted a jurisdictional error by reason of a wrongful refusal to assume jurisdiction, or whether impugned findings of fact regarding the placement of the air conditioner resulted in jurisdictional errors.

The Court of Appeal refused leave to amend the originating process. Their Honours reasoned that the application for leave was made late and no satisfactory explanation for the delay was provided. Crucially, the proposed amendments were found to disclose no prospects of success, and there was no issue of principle involved that would warrant granting leave. Consequently, the Court concluded that the grounds for jurisdictional error were not arguable.

Accordingly, leave to file the Amended Summons was refused, and the Summons was dismissed with costs.