NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Bayside Council v Zein [2023] NSWLEC 42 Hearing dates: 3 April 2023 Date of orders: 14 April 2023 Decision date: 14 April 2023 Jurisdiction: Class 4 Before: Pain J Decision: See below in [55] Catchwords: CONTEMPT OF COURT – sentence – plea of guilty- wilful contempt in failing to comply with development control order over lengthy period – contrition and remorse accepted – fine imposed – imposition of periodic fine suspended to provide final opportunity to purge contempt Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW), s 9.34 Civil Procedure Act 2005 (NSW), s 26 Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A Local Government Act 1993 (NSW), s 694 Uniform Civil Procedure Rules 2005 (NSW), r 23.8 Cases Cited: Blacktown City Council v Jason Gabriel Saker (No 3) [2021] NSWLEC 148 Blacktown City Council v Jason Gabriel Saker (No 4) [2022] NSWLEC 80 Environment Protection Authority v Hanna [2013] NSWLEC 41 Georges River Council v Mifsud [2017] NSWLEC 113 Malass v Strathfield Municipal Council [2022] NSWLEC 131 Palerang Council v Banfield (No 2) [2012] NSWLEC 158 Category: Sentence Parties: Bayside Council (Applicant) Abbas Zein (Respondent) Representation: Counsel: R Coffey (Applicant) J Trevallion (Respondent)
Solicitors: HWL Ebsworth Lawyers (Applicant) KDA Legal (Respondent) File Number(s): 2020/155394
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