Pittwater Council v Ryan [2000] NSWLEC 129

Land and Environment Court of New South Wales

CITATION : Pittwater Council v Ryan [2000] NSWLEC 129 APPLICANT: Pittwater Council PARTIES : RESPONDENT: Daniel Patrick Ryan FILE NUMBER(S) : 40077 of 1996 CORAM: Lloyd J KEY ISSUES: Contempt :- respondent in breach of Court's orders for one-and-a-half years - guilty of contempt - penalty LEGISLATION CITED: CASES CITED: DATES OF HEARING: 10/04/2000 EX TEMPORE 04/10/2000 JUDGMENT DATE :

APPLICANT: A E Galasso (barrister) SOLICITORS: Mallesons Stephen Jaques LEGAL REPRESENTATIVES: RESPONDENT: D P Ryan (in person) SOLICITORS: N/A

JUDGMENT: 1

IN THE LAND AND Matter No: 40077 of 1996 ENVIRONMENT COURT Coram: Lloyd J OF NEW SOUTH WALES Decision date: 10 April 2000

Pittwater Council Applicant

v

Daniel Patrick Ryan

Respondent

EXTEMPORE JUDGMENT

HIS HONOUR: 1. This is a notice of motion for a declaration that " the respondent has not complied with orders made by the Court on 15 December 1997 ". Those orders were made apparently as a result of works being done without development consent. The orders, in effect, sought the reinstatement of land to a satisfactory condition.

2. The orders of the Court on 15 December 1997 required the respondent, within nine (9) months of that date, to carry out certain works specified in the orders. That is to say, the due date for the completion of the works pursuant to the orders was 15 September 1998. On 15 November 1999 the present notice of motion was filed. The matter came before me on 28 February this year and was stood over to today to allow the respondent more time to complete the works. The works have now been substantially completed and it is appropriate that I now finally dispose of the notice of motion.