Lismore County Council v Pagura [2000] NSWLEC 47

Land and Environment Court of New South Wales

CITATION : Lismore County Council v Pagura [2000] NSWLEC 47 APPLICANT Lismore County Council PARTIES : RESPONDENT Pagura FILE NUMBER(S) : 40032A of 1999 CORAM: Cowdroy J KEY ISSUES: Contempt - Costs :- Respondent failed to comply with Court's orders - contrition demonstrated - no further penalty required LEGISLATION CITED: Environmental Planning and Assessment Act 1979 CASES CITED: DATES OF HEARING: 15/12/99 EX TEMPORE 12/15/1999 JUDGMENT DATE :

APPLICANT Mr J Atkin (Solicitor)

SOLICITORS Walters Solicitors LEGAL REPRESENTATIVES: RESPONDENT Mr J Robson (Barrister)

SOLICITORS Deacons Graham & James

JUDGMENT:

IN THE LAND AND MATTER No. 40032A ENVIRONMENT COURT CORAM: Cowdroy J OF NEW SOUTH WALES DECISION DATE: 15/12/99

Lismore County Council Applicant v Pagura Respondent EX TEMPORE JUDGMENT

1. In this matter the respondent was ordered on 12 April 1999 to demolish an illegal structure at a residence at 15 Julie Crescent Goonellabah in the State of New South Wales. The respondent failed to comply with the Court's orders. Accordingly an application was made by the applicant, that is the council of the City of Lismore, by way of notice of motion and a statement of charge that the respondent was guilty of contempt by virtue of the failure to comply with the Court's orders made on 12 April 1999.

2. Mr Robson has appeared for the respondent when the matter first came before the Court upon the first return day in relation to the contempt proceedings and has appeared again today.