NSW Caselaw
Land and Environment Court of New South Wales CITATION: Hornsby Shire Council V Atifame Pty Limited & Another [1999] NSWLEC 69
PARTIES APPLICANT Hornsby Shire Council
FIRST RESPONDENT Atifame Pty Limited
SECOND RESPONDENT James Warren Byrnes
NUMBER: 40083 of 1998
CORAM: Pearlman J
KEY ISSUES: :- contempt of court - failure to comply - mitigating factors
LEGISLATION CITED: contempt of court - failure to comply - mitigating factors
DATES OF HEARING: 03/10/1999
DATE OF JUDGMENT DELIVERY: 03/23/1999
APPLICANT Mr J E Robson (Barrister)
SOLICITORS McKees LEGAL REPRESENTATIVES: FIRST & SECOND RESPONDENTS Mr N A Hemmings (Solicitor)
SOLICITORS Allen Allen & Hemsley
JUDGMENT:
Contents
Section Paragraph Number
Introduction 1 to 3 Background 4 to 8 The alleged breaches 9 The appropriate punishment 10 to 12 The factors taken into account (a) Reliance on the Council 13 to 17 (b) Prompt instructions 18 to 20 (c) Confusions about the plans 21 to 25 (d) Flocculation and pumping out 26 to 28 (e) Difficulties and uncertainties 29 to 32 (f) Compliance 33 to 35 (g) Apology 36 Conclusion 37 to 41 Orders 42
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