Hawkesbury City Council v Huang Brother Pty Ltd; Huang [2024] NSWLEC 109

Land and Environment Court New South Wales

Medium Neutral Citation: Hawkesbury City Council v Huang Brother Pty Ltd; Huang [2024] NSWLEC 109 Hearing dates: 19 July, further evidence filed 9 August, further submissions filed 19 August 2024 Date of orders: 24 October 2024 Decision date: 24 October 2024 Jurisdiction: Class 4 Before: Pain J Decision: The Court orders: (1) The First Respondent Huang Brother Pty Ltd is fined the sum of $6,000 for failure to comply with Orders 2.a.i. and 2.b. of the Consent Orders made on 29 November 2022. (2) The Second Respondent Mr Huang is fined the sum of $2,000 for failure to comply with Orders 2.a.i. and 2.b. of the Consent Orders made on 29 November 2022. (3) The Respondents are to pay the Council's costs of the notice of motion filed 1 March 2024 on an indemnity basis as agreed or assessed. Catchwords: SENTENCING – civil contempt – breach of court order – plea of guilty – fine imposed – costs ordered Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW), s 4.2 Fines Act 1996 (NSW), ss 4, 6 Supreme Court Rules 1970 (NSW), Pt 55 Cases Cited: Council of the City of Sydney v The Owners Strata Plan No 18820 [2017] NSWLEC 81 Fairfield City Council v Adams (No 2) [2010] NSWLEC 45 Fairfield City Council v Camilleri [2024] NSWLEC 56 Ferguson v Dallow (No 5) [2021] FCA 698 Georges River Council v Mifsud [2017] NSWLEC 113 Ku-ring-gai Council v Baynie [2017] NSWLEC 172 Queanbeyan-Palerang Regional Council v Banks (No 2) [2024] NSWLEC 99 Seven Network (Operations) Ltd v Dowling (No 2) [2021] NSWSC 1106 Sutherland Shire Council v Perdikaris [2020] NSWLEC 111 Witham v Holloway (1995) 183 CLR 526; [1995] HCA 3 Wood v Staunton (No 5) (1996) 86 A Crim R 183 Texts Cited: Ritchie's Uniform Civil Procedure NSW D Rolph, Contempt (Federation Press, 2023) Category: Sentence Parties: Hawkesbury City Council (Applicant) Huang Brother Pty Ltd (First Respondent) Ji Bing Huang (Second Respondent) Representation: Counsel: R McCulloch (Solicitor Advocate, Applicant) J Mee (Respondents)