SafeWork NSW v Customconstruction Pty Ltd

In SafeWork NSW v Customconstruction Pty Ltd, the plaintiff, SafeWork NSW, sought an amendment to a summons issued against Customconstruction Pty Ltd for alleged breaches of occupational health and safety regulations. The summons was issued on 26 June 2024, and the defendant sought to dismiss the summons on the grounds that it failed to disclose an offence known to the law, arguing that it did not provide sufficient detail for the defendant to adequately prepare a defence. The matter was heard in the Local Court of New South Wales.

The primary legal issue before the court was whether the summons, including its particulars, sufficiently disclosed an offence under the relevant statutory provisions, and if not, whether the summons could be amended to remedy this defect. The court considered the principle that a summons must be clear enough for the defendant to understand the charge against them, and whether any deficiencies could be corrected through amendment. The court also had to determine whether the failure to properly draft the summons was a mere slip or clumsiness and assess the costs associated with the amendment process.

The court found that while the summons contained some deficiencies, these were not fatal and could be rectified by amendment. The court accepted that the summons, when considered in its entirety with the particulars, did not fully disclose the offence, but the failure was attributable to a drafting error rather than an absence of an offence. The court granted leave for the summons to be amended to correct these errors, dismissing the defendant’s motion to quash the summons. The court emphasised the need for summonses to be drafted with care to avoid such issues. The court also noted that the costs of seeking the amendment were necessary due to the need to correct the summons.

The final orders of the court included granting leave to the prosecutor to amend the summons and dismissing the defendant's notice of motion. The court reserved the decision on costs pending further submissions.