Snowy River Shire Council v O'Neill [2000] NSWLEC 254

Land and Environment Court of New South Wales

CITATION : Snowy River Shire Council v O'Neill [2000] NSWLEC 254 APPLICANT: Snowy River Shire Council PARTIES : RESPONDENT: Patrick Anthony O'Neill FILE NUMBER(S) : 40116 of 1997 CORAM: Talbot J KEY ISSUES: Contempt :- adjourned - no appearance by respondent LEGISLATION CITED: CASES CITED: DATES OF HEARING: 14/11/2000 EX TEMPORE 11/14/2000 JUDGMENT DATE :

APPLICANT: Mr A Bradbury (Solicitor)

SOLICITORS: Minter Ellison LEGAL REPRESENTATIVES: RESPONDENT: No appearance

SOLICITORS: N/A

JUDGMENT: IN THE LAND AND Matter No. 40116 of 1997 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 14 November, 2000

Snowy River Shire Council Applicant v Patrick Anthony O'Neill Respondent

REASONS FOR JUDGMENT

1. When the matter was called for hearing this morning the respondent, Patrick Anthony O'Neill, did not appear following his name being called outside the courtroom.

2. Mr Bradbury appears for the applicant council and indicates that the council is ready to proceed on the notice of motion. The council seeks orders whereby the respondent be found in contempt of the orders made by Lloyd J and that he be committed to prison or fined or both. Mr Bradbury has informed the Court that the council will not ultimately submit that the respondent be committed to prison but rather a fine be imposed by way of a monetary penalty together with a daily recurring penalty if compliance with the Court's orders remains outstanding after a further period of some months. Whatever basis the council seeks to deal with the matter, the potential consequences of the respondent failing to comply with the Court's solemn orders are serious.