EPA v Thaler [2005] NSWLEC 109

Land and Environment Court of New South Wales

CITATION : EPA v Thaler [2005] NSWLEC 109

APPLICANT Environment Protection Authority PARTIES : RESPONDENT Andrew Evan Thaler

FILE NUMBER(S) : (4)0261 of 2002

CORAM: Talbot J

KEY ISSUES: Contempt :- penalty.

LEGISLATION CITED: Fines Act 1996.

DATES OF HEARING: 21/2/05, 22/2/05 EX TEMPORE JUDGMENT DATE : 02/22/2005

APPLICANT Ms J M Jagot (Barrister) SOLICITORS Environment Protection Authority LEGAL REPRESENTATIVES:

RESPONDENT Mr R G Thomas (Barrister) SOLICITORS Bates & Associates

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Talbot J

22 February 2005

(4)0261 of 2002 Environment Protection Authority v Andrew Evan Thaler

JUDGMENT 1 Talbot J: Andrew Thaler ("the respondent") is charged with contempt of Court for having failed to comply with orders made by Cowdroy J on 16 August 2002. The circumstances are set out in a statement of charge which was served in accordance with the rules.

2 Finally with the benefit of counsel and solicitor, the respondent has appeared at this hearing. At the commencement of the actual hearing, with the leave of the Court, he changed his plea from a plea of not guilty to guilty. The plea of guilty amounts to an admission of the essential elements of the charge and the facts supporting it.