Blacktown City Council v Jason Gabriel Saker (No 3) [2021] NSWLEC 148

Land and Environment Court New South Wales

Medium Neutral Citation: Blacktown City Council v Jason Gabriel Saker (No 3) [2021] NSWLEC 148 Hearing dates: 10, 13 and 14 December 2021 Date of orders: 14 December 2021 Decision date: 14 December 2021 Jurisdiction: Class 4 Before: Pepper J Decision: The respondent is guilty of contempt. Catchwords: CONTEMPT: failure to comply with orders made by the Court to prepare and submit a remediation action plan to council as a result of unlawful earthworks – applicable legal principles – whether contemnor aware of orders and statement of charge – contempt proved beyond reasonable doubt. Legislation Cited: Blacktown Local Environmental Plan 2015 Environmental Planning and Assessment Act 1979, s 76B Cases Cited: Blacktown City Council v Saker [2017] NSWLEC 46 Blacktown City Council v Saker (No 2) [2018] NSWLEC 71 Sutherland Shire Council v Perdikaris [2020] NSWLEC 111 Witham v Holloway [1995] HCA 3; (1995) 183 CLR 525 Category: Principal judgment Parties: Blacktown City Council (Applicant) Jason Gabriel Saker (First Respondent) Sam Saker (Second Respondent) State of New South Wales (Third Respondent) Representation: Counsel: C Norton (Applicant) Submitting Appearance (Third Respondent)

Solicitors: Lindsay Taylor Lawyers (Applicant) Crown Solicitors Office (Third Respondent) File Number(s): 2017/87722 Publication restriction: Nil