Land and Environment Court of New South Wales CITATION : Randwick City Council v Athens and Anor (No 3) [2004] NSWLEC 49 APPLICANT Randwick City Council PARTIES : FIRST RESPONDENT Peta Athens SECOND RESPONDENT Athens Holdings Pty Limited (ACN 001 166 552) FILE NUMBER(S) : 40097 of 2000 CORAM: Cowdroy J KEY ISSUES: Contempt :- obligation to evidence - objection overruled. LEGISLATION CITED: Evidence Act 1995, s 136 CASES CITED: DATES OF HEARING: 28/01/2004; 29/01/2004; 30/01/2004 EX TEMPORE 01/30/2004 JUDGMENT DATE : APPLICANT Mr A. Thompson (Barrister) SOLICITORS Bowen & Gerathy LEGAL REPRESENTATIVES: RESPONDENT Mr M. Ramage QC SOLICITORS Levitt Robinson Solicitors and Associates JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 40097 of 2000 Cowdroy J 30 January 2004 Randwick City Council Applicant v Peta Athens First Respondent Athens Holding Pty Limited (ACN 001 166 552) Second Respondent Judgment [No. 3 Interlocutory] Introduction 1 An application has been made that the Court exclude the content of paragraph 5 of the affidavit of David Mulcahy on the basis that it may be unfairly prejudicial to the alleged contemnors. 2 The Court notes that by letter dated 14 January 2004 the solicitors for the respondents acknowledged that the affidavit of Mr David Mulcahy would be relied upon together with other affidavits. No objection was taken, nor any foreshadowed issue concerning the matter to which objection has been taken. 3 Accordingly, the Court does not consider it appropriate to accede to the request which is now made that the Court exclude it under s 136 of the Evidence Act 1995. For this reason, the application is rejected. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.