Auburn Council v Nehme [2001] NSWLEC 127

Land and Environment Court of New South Wales

CITATION : Auburn Council v Nehme [2001] NSWLEC 127 APPLICANT Auburn Council PARTIES : RESPONDENT Nehme FILE NUMBER(S) : 40028 of 2000 CORAM: Cowdroy J KEY ISSUES: Contempt :- Respondent restrained from using premises for gymnasium or for any other purpose without consent under the Environmental Planning and Assessment Act 1979 - respondent using premises for gymnasium and for letting of rooms for accommodation without consent - premises failing to comply with fire regulations constituting a threat to its occupants - penalty imposed LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Attorney General v Times Newspapers Limited [1974] AC 273; CASES CITED: Director of Public Prosecutions v John Fairfax and Sons Limited and Ors (1987) 8 NSWLR 732; Witham v Holloway (1995) 183 CLR 525 DATES OF HEARING: 11/01/01, 12/01/01 EX TEMPORE JUDGMENT DATE : 01/12/2001

APPLICANT Mr A Hawkes (Solicitor)

SOLICITORS Pike Pike and Fenwick LEGAL REPRESENTATIVES: RESPONDENT In person

SOLICITORS n/a

JUDGMENT:

IN THE LAND AND MATTER No. 40028 of 2000 ENVIRONMENT COURT CORAM: Cowdroy J OF NEW SOUTH WALES DECISION DATE: 12/01/01

Auburn Council Applicant v Eddie Nehme Respondent JUDGMENT

1. By notice of motion filed on 29 November 2000 the council charged the respondent Eddie Nehme with contempt of court. On 16 May 2000 orders were made restraining the respondent by himself, his servant and agents from using or allowing or suffering to be used the former squash court building at 44 Kibo Road Regents Park ("the premises") or any part thereof to be used for the purposes of a gymnasium or for any other purpose for which consent was required under the provisions of the Environmental Planning and Assessment Act 1979 ("the EP&A Act") without any consent under such Act being in force.