Auburn Council v Zizikas and Anor [1999] NSWLEC 155

Land and Environment Court of New South Wales CITATION: Auburn Council v Zizikas and Anor [1999] NSWLEC 155

PARTIES APPLICANT Auburn Council

RESPONDENTS Zizikas and Anor

NUMBER: 40182 of 1997

CORAM: COWDROY J

KEY ISSUES: Orders :- Contempt of court orders - non-compliance - plea of guilty - plea in mitigation - respondents endeavouring to comply with orders - penalty imposed reflecting failure of respondents to act promptly to comply with conditions or to seek variation of conditions

Land and Environment Court Act 1979 s 20(2) LEGISLATION CITED: Land and Environment Court Rules 1996 Pt 6 r 1 Supreme Court Rules 1970 Pt 55

DATES OF HEARING: 03/01/1999; 07/02/1999

DATE OF JUDGMENT DELIVERY: 07/13/1999

APPLICANT Mr A Hawkes (Solicitor)

SOLICITORS Pike Pike & Fenwick LEGAL REPRESENTATIVES: RESPONDENT Mr P McEwen SC

SOLICITORS Heidtman & Co

JUDGMENT: Background

1. This is an application by Auburn Council ("the council") for declarations that the respondents have breached orders made by the court on 22 January 1998 ("the orders"). The statement of charge filed by the council against the respondent makes it apparent that the proceedings seek penalties for contempt of the orders. This Court has power to enforce its orders pursuant to s 20(2) of the Land and Environment Court Act 1979, and Pt 6 r 1 of the Land and Environment Court Rules 1996 which adopt Pt 55 of the Supreme Court Rules dealing with contempt.