Malass v Strathfield Municipal Council [2022] NSWLEC 116

Land and Environment Court New South Wales

Medium Neutral Citation: Malass v Strathfield Municipal Council [2022] NSWLEC 116 Hearing dates: 08 September 2022 Date of orders: 08 September 2022 Decision date: 09 September 2022 Jurisdiction: Class 1 Before: Pepper J Decision: See orders at [44] Catchwords: CONTEMPT: sentencing for contempt – application by council for access to property for the purpose of inspection in order to finalise evidence – application opposed on the basis that council had inspected the property earlier and taken photographs – whether further evidence required and therefore access and inspection warranted – evidence required to ascertain present state of works on the property compared to state of works as at the time the statement of charge was filed. COSTS: whether council ought to be awarded its costs of the motions – costs follow the event in Class 4 and council was successful on the motion – in respect of the Class 1 proceedings it is fair and reasonable that the council be awarded its costs given the unreasonable conduct of the contemnor in respect of facilitating access to the property for the purpose of inspection. Legislation Cited: Environment Planning and Assessment Act 1979, s 9.34 Evidence Act 1995, s 169 Land and Environment Court Rules 1979, rr 3.7, 7.7 Uniform Civil Procedure Rules 2005, r 23.8 Cases Cited: Malass v Strathfield Municipal Council [2022] NSWLEC 1160 Strathfield Municipal Council v Malass [2021] NSWLEC 112 Category: Procedural rulings Parties: 2020/291053 Sarah Malass (Applicant) Strathfield Municipal Council (Respondent)