Sutherland Shire Council v Perdikaris [2020] NSWLEC 111

Land and Environment Court New South Wales

Medium Neutral Citation: Sutherland Shire Council v Perdikaris [2020] NSWLEC 111 Hearing dates: 28 July 2020 Date of orders: 28 July 2020 Decision date: 28 July 2020 Jurisdiction: Class 4 Before: Preston CJ Decision: The Court orders: (1) Mr Vasilios Perdikaris is fined the sum of $10,000 for his contempt in failing to comply with the Court's order (2) made on 16 October 2019. (2) The punishment in order 1 is suspended upon the condition that Mr Perdikaris demolish the freestanding garage and concrete slab upon which it stands at 1 Penmon Close, Menai by 27 October 2020. (3) Sutherland Shire Council is directed to demolish the freestanding garage and the concrete slab upon which it stands at 1 Penmon Close, Menai on the conditions that: (a) Sutherland Shire Council not carry out the demolition of the garage and concrete slab until after 27 October 2020 and only if Mr Perdikaris has not by that date completed the demolition of the garage and concrete slab; and (b) Sutherland Shire Council give 14 days' written notice to Mr and Mrs Perdikaris of its intention to carry out demolition of the garage and concrete slab. (4) Mr Perdikaris pay Sutherland Shire Council's costs incurred pursuant to the direction in order 3 to demolish the garage and concrete slab. (5) Mr Perdikaris pay Sutherland Shire Council's costs of the notice of motion on an indemnity basis. (6) Sutherland Shire Council serve on Mr and Mrs Perdikaris a copy of the sealed orders of the Court made on 28 July 2020. Catchwords: CIVIL ENFORCEMENT – contempt – court order to demolish illegal garage and concrete slab – failure to comply – contempt proven – contempt wilful – ongoing harm to amenity of area – punishment of fine – punishment suspended if garage and concrete slab demolished in three months – order for substituted performance – council directed to demolish garage and concrete slab if contemnor fails to do so – indemnity costs Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Environmental Planning and Assessment Act 1979 Fines Act 1996 Land and Environment Court Rules 2007 Supreme Court Rules 1970 Uniform Civil Procedure Rules 2005 r 40.7 Cases Cited: Attorney-General v John Fairfax & Sons Ltd [1980] 1 NSWLR 362 Australian Consolidated Press Ltd v Morgan (1965) 112 CLR 483 Bell v Stewart (1920) 28 CLR 419 Blacktown City Council v Pearce [2013] NSWLEC 175 Director-General Department of Fair Trading v Yang (2002) 132 A Crim R 438; [2002] NSWSC 754 Hearne v Street (2008) 235 CLR 125; [2008] HCA 36 NCR Australia Pty Ltd v Credit Connection Pty Ltd [2005] NSWSC 1118 Pittwater Council v Martoriati [2013] NSWLEC 84 Queanbeyan City Council v Sun (No 2) [2013] NSWLEC 64 Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309 Ronowska v Kus (No 2) [2012] NSWSC 817 Sutherland Shire Council v Perdikaris [2019] NSWLEC 149 Waverley Council v Tovir Investments Pty Ltd and Rappaport (No 4) [2013] NSWLEC 88 Witham v Holloway (1995) 183 CLR 525 Wood v Staunton (No 5) (1996) 86 A Crim R 183 Texts Cited: Ritchie's Uniform Civil Procedure NSW Category: Principal judgment Parties: Sutherland Shire Council (Applicant) Vasilios Perdikaris (Respondent) Representation: Counsel: Mr R O'Gormon Hughes (Applicant) No appearance (Respondent)