Blacktown City Council v Hambly (No 3) [2023] NSWLEC 141

Land and Environment Court New South Wales

Medium Neutral Citation: Blacktown City Council v Hambly (No 3) [2023] NSWLEC 141 Hearing dates: 4 September 2023, supplementary submissions filed 5 September 2023 Date of orders: 15 December 2023 Decision date: 15 December 2023 Jurisdiction: Class 4 Before: Pritchard J Decision: The Court makes the following orders: (1) The respondent, Mr Derek Hambly, is fined an amount of $20,000 pursuant to Part 55, Division 4, rule 13 of the Supreme Court Rules 1970 (NSW) for his contempt of the Court in disobeying and otherwise failing to comply with orders 4 and 5 of the Court's orders made on 26 August 2020 in proceedings 323765 of 2019 (the contempt). (2) The respondent is fined a periodical monthly fine of $2,000, commencing on 31 January 2024, until the contempt is purged. (3) The respondent is to pay the costs of these contempt proceedings, commenced by notice of motion filed by the applicant on 10 November 2022. (4) Pursuant to s 694(1) of the Local Government Act 1993 (NSW), the Court confirms that the fine in order (1) and any fine arising from order (2) will be paid to the applicant, Blacktown City Council, by the Court on receipt of those amounts. Catchwords: SENTENCE – contempt – failure to comply with court orders – no appearance from respondent – wilful contempt – upper end of objective seriousness – fine imposed – periodic fine imposed until contempt purged Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Land and Environment Court Rules 2007 (NSW) r 6.3 Local Government Act 1993 (NSW) s 694(1) Supreme Court Rules 1970 (NSW) Part 55, Division 4, r 13 Cases Cited: Bayside Council v Zein [2023] NSWLEC 42 Blacktown City Council v Hambly [2020] NSWLEC 132 Blacktown City Council v Hambly [2023] NSWLEC 75 Blacktown City Council v Hambly (No 2) [2023] NSWLEC 91 Blacktown City Council v Saker (No 4) Council of the City of Sydney v Owners Strata Plan 18820 [2017] NSWLEC 81 Georges River Council v Hamade [2023] NSWLEC 71 Inner West Council v Balmain Rentals Pty Ltd [2022] NSWLEC 20 Malass v Strathfield Municipal Council [2022] NSWLEC 131 Queanbeyan City Council v Sun (No 2) (2013) 195 LGERA 14; [2013] NSWLEC 64 Strathfield Municipal Council v Malass [2022] NSWLEC 132 Witham v Holloway (1995) 183 CLR 525; [1995] HCA 3 Wood v Staunton (No 5) (1996) 86 A Crim R 183 Texts Cited: Nil Category: Sentence Parties: Blacktown City Council (Applicant) Derek Hambly (Respondent) Representation: Counsel: R Coffey (Applicant) No appearance (Respondent)