Sutherland Shire Council v Sawyer [2000] NSWLEC 162

Land and Environment Court of New South Wales

CITATION : Sutherland Shire Council v Sawyer [2000] NSWLEC 162 APPLICANT: PARTIES : Sutherland Shire Council RESPONDENT Christopher Sawyer FILE NUMBER(S) : 40015 of 2000 CORAM: Sheahan J KEY ISSUES: Contempt :- Local Government Act 1993 LEGISLATION CITED: Land and Environment Court Act 1979 Crimes (Sentencing Procedure) Act 1999 Supreme Court Rules 1970 CASES CITED: Australian Consolidated Press Ltd v Morgan (1964) 112 CLR 483 DATES OF HEARING: 10/05/2000, 13/06/2000, 13/07/2000, 27/07/2000 EX TEMPORE 07/27/2000 JUDGMENT DATE :

APPLICANT Mr S Berveling Solicitors LEGAL REPRESENTATIVES: Abbott Tout RESPONDENT No appearance

JUDGMENT: IN THE LAND AND Matter Nos: 40015 of 2000 ENVIRONMENT COURT Coram: Sheahan J OF NEW SOUTH WALES 27 July 2000

SUTHERLAND SHIRE COUNCIL Applicant v

CHRISTOPHER SAWYER Respondent JUDGMENT

1. The matter before the court is the final determination in respect of a charge of contempt in matter No. 40015 of 2000, but, by direction of the court on 10 May, that matter remains associated with the court file in matter No.40215 of 1999.

2. Both matters concern notices issued by Council to Mr Sawyer under s 124 of the Local Government Act 1993, in respect of his keeping of rabbits at No.4 Liffey Place, Woronora (Lot 24 in DP 238109) within the Sutherland Shire.

3. In matter 40215, Mr Sawyer challenged consequences which might flow from Council's execution of the first relevant notice, and in matter 40015 Council sought to enforce the thrust of the second relevant notice.