Ashfield Municipal Council v Stavitsky [2005] NSWLEC 492

Land and Environment Court of New South Wales

CITATION : Ashfield Municipal Council v Stavitsky [2005] NSWLEC 492

APPLICANT Ashfield Municipal Council PARTIES : RESPONDENT France Anton Stavitsky

FILE NUMBER(S) : 40978 of 2003

CORAM: Cowdroy J

KEY ISSUES: Contempt :- contempt purged during course of proceedings - penalty - discretion - costs

Supreme Court Act 1970 s 123 LEGISLATION CITED: Land and Environment Court Rules 1996 Pt 6 r 1 Supreme Court Rules 1970 Pt 55

Tzavellas v Canterbury City Council (1999) 105 LGERA 262; CASES CITED: Witham v Holloway (1995) 183 CLR 525

DATES OF HEARING: 28/04/2005, 20/06/2005 EX TEMPORE JUDGMENT DATE : 06/20/2005

APPLICANT J Blunden (solicitor) SOLICITORS LEGAL REPRESENTATIVES: Houston Dearn O'Connor

RESPONDENT B White (agent - hearing 28/04/2005) Respondent in person (hearing 20/06/2005)

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Cowdroy J

20 June 2005

40978 of 2003

ASHFIELD MUNICIPAL COUNCIL Applicant

FRANCE ANTON STAVITSKY Respondent

JUDGMENT 1 Cowdroy J: By notice of motion dated 21 December 2004 ("the motion") Ashfield Municipal Council ("the Council") seeks an order that the respondent ("Mr Stavitsky") is guilty of contempt of this Court for failing to comply with orders made on 8 July 2004 ("the orders"). The orders relevantly provided:- 1. On or before 28 July 2004 the Respondent shall obtain an independent quotation for the clean up of the rear yard of the premises, 12 Chapman Street, Summer Hill being Lot 9, Section B in DP 482 (the subject premises) including the removal of:- i. all newspapers in the outside toilet, garage and outside lean to next to the toilet; ii. all perished, decomposing and putrefying food waste, including food waste in plastic bags and various containers; iii. all food waste or matter that results in offensive odours or any dead vegetative material which is likely to become a harbourage for rubbish or vermin; iv. all liquid waste. and provide a copy of the quotation to the Applicant Council. 2. By 8 August 2004 the Respondent shall have carried out the removal of:- i. all newspapers in the outside toilet, garage and outside lean to next to the toilet; ii. all perished, decomposing and putrefying food waste, including food waste in plastic bags and various containers; iii. all food waste or matter that results in offensive odours or any dead vegetative material which is likely to become a harbourage for rubbish or vermin; iv. all liquid waste. from the subject premises. 3. Should the Respondent not have complied with Order 2 within the time specified the Respondent shall permit the Applicant Council to enter the subject premises and the Applicant Council shall undertake the removal of:- i. all newspapers in the outside toilet, garage and outside lean to next to the toilet; ii. all perished, decomposing and putrefying food waste, including food waste in plastic bags and various containers; iii. all food waste or matter that results in offensive odours or any dead vegetative material which is likely to become a harbourage for rubbish or vermin; iv. all liquid waste. from the subject premises.