Blacktown City Council v Hambly (No 2) [2023] NSWLEC 91

Land and Environment Court New South Wales

Medium Neutral Citation: Blacktown City Council v Hambly (No 2) [2023] NSWLEC 91 Hearing dates: 4 September 2023 Date of orders: 4 September 2023 Decision date: 08 September 2023 Jurisdiction: Class 4 Before: Pritchard J Decision: The Court orders: (1) Any application to set aside the judgment and orders of Pepper J made on 13 July 2023 finding the respondent guilty of contempt of Court is dismissed. (2) Judgment is reserved in relation to the sentence to be imposed on the respondent for contempt. Catchwords: PRACTICE AND PROCEDURE – contempt of Court – ex parte sentencing hearing – service effected on contemnor – whether there is an application to set aside the judgment and orders of the Court finding the respondent guilty of contempt – principles in relation to setting aside, or varying, a judgment order after it has been entered - discretionary power of the Court to set aside an undefended judgment Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) r 36.16(2)(b) Cases Cited: Bailey v Marinoff (1971) 125 CLR 529; [1971] HCA 49 Blacktown City Council v Hambly [2023] NSWLEC 75 Blacktown City Council v Saker (No 2) [2018] NSWLEC 71 Council of the City of Sydney v Mae (No 2) [2012] NSWLEC 188 Goater v Commonwealth Bank of Australia (2014) 88 NSWLR 362; [2014] NSWCA 382 Mosman Municipal Council v Kelly (No 3) (2009) 167 LGERA 91; [2009] NSWLEC 92 Northey v Bega Valley Shire Council [2012] NSWCA 28 Pham v Gall (2020) 102 NSWLR 269; [2020] NSWCA 116 Proietti v Proietti [2023] NSWCA 76 Sydney City Council v Li (No 2) [2012] NSWLEC 123 Texts Cited: Nil Category: Procedural rulings Parties: Blacktown City Council (Applicant) Derek Hambly (Respondent) Representation: Counsel: R Coffey (Applicant) No appearance (Respondent)