Bankstown City Council v Attallah & Anor [2000] NSWLEC 133

Land and Environment Court of New South Wales

CITATION : Bankstown City Council v Attallah & Anor [2000] NSWLEC 133 APPLICANT Bankstown City Council PARTIES : FIRST RESPONDENT Joseph Attallah SECOND RESPONDENT Jaqueline Walsh FILE NUMBER(S) : 40107 of 1998 CORAM: Sheahan J KEY ISSUES: Contempt :- Contempt of orders - plea not guilty - conviction - penalty LEGISLATION CITED: Environmental Planning and Assessment Act 1979 CASES CITED: Australasian Meat Industry Employees' Union & Ors v Mudginberri Station Pty Ltd (1986) 161 CLR 98; Warringah Council v Franks & Ors, Pearlman J, 40123 of 1997, 19 May 1998 and 24 July 1998 DATES OF HEARING: 28/04/2000 EX TEMPORE 04/28/2000 JUDGMENT DATE :

APPLICANT Mr D Wilson (Barrister) Solicitors: Marsdens Solicitors LEGAL REPRESENTATIVES: FIRST & SECOND RESPONDENTS Mr W Hodgkiss (Barrister) SOLICITORS Westside Lawyers

JUDGMENT: IN THE LAND AND Matter No: 40107 of 1998 ENVIRONMENT COURT Coram: Sheahan J OF NEW SOUTH WALES 28 April 2000

BANKSTOWN CITY COUNCIL Applicant v

joseph attallah First Respondent JACQUELINE WALSH Second Respondent

JUDGMENT

1. The Respondent, Joseph Attallah, has appeared with Counsel today in response to allegations that he is in contempt of orders of this court made in these proceedings by Cowdroy J (then an Acting Judge of this court) on 25 September 1998.

2. These proceedings are class 4 proceedings in which the Council sought declarations and orders to restrain the use of premises owned by the respondent Attallah at 2 Clements Avenue, Bankstown, for the purposes of prostitution.