Manly Council -V- Angelo [1999] NSWLEC 16

Land and Environment Court of New South Wales CITATION: Manly Council -V- Angelo [1999] NSWLEC 16 This judgment revised on: 02/03/99 PARTIES APPLICANT: Manly Council

RESPONDENT: Angelo, D.P.

NUMBER: 40056 of 1994

CORAM: Bignold J

KEY ISSUES: :- -Contempt of Court-disobedience of Court's Orders. Non-apearance of alleged contemnor. Court proceeds to determine Motion ex parte on basis of contemnor's previous admission of guilt but reserves question of penalty

LEGISLATION CITED: -Contempt of Court-disobedience of Court's Orders. Non-apearance of alleged contemnor. Court proceeds to determine Motion ex parte on basis of contemnor's previous admission of guilt but reserves question of penalty

DATES OF HEARING: 02/11/1999

EX TEMPORE JUDGMENT DATE: 02/11/1999

APPLICANT: Mr R.K. Graham, Solicitor LEGAL REPRESENTATIVES: RESPONDENT: No Appearance

JUDGMENT:

1. By Notice of Motion filed on 12 March 1998 the Council sought orders against the Respondent Danny Peter Angelo that he be punished for contempt of Court as specified in the Statement of Charge by being committed to prison, or fined, or both.

2. The accompanying Statement of Charge indicates that the Respondent had failed since 9 October 1995 to comply with Orders made by this Court on 10 July 1995. Order 1(a) in particular required the Respondent to reconstruct the roof upon premises partly owned and resided in by the contemnor at 69 Wood Street, Manly. The Statement of Charge goes on to allege that there had been a failure to comply with that Order and indeed a failure to comply with ancillary orders as detailed in paragraphs 2 and 3 of the Statement of Charge.