NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Parramatta City Council v Roy D R Services Pty Limited, Ray Yong Xu & Ors [2005] NSWLEC 756
APPLICANT Parramatta City Council
PARTIES : RESPONDENTS Roy D R Services Pty Limited, Ray Yong Xu & Ors
FILE NUMBER(S) : 41007 of 2004
CORAM: Preston CJ
Contempt :- court order to cease use premises as brothel - subsequent use of premises as brothel - disobedience of court order - kind of contempt - wilful contempt - appropriate punishment is finding of contempt KEY ISSUES: fine and order to pay costs
Land and Environment Court Rules 1996 Pt 10 r 7 LEGISLATION CITED: Supreme Court Rules Pt 42 r 8
CASES CITED: Pelechowski v Registrar, Court of Appeal (NSW)(1999)198 CLR 435
DATES OF HEARING: 23/11/05 14/12/05 EX TEMPORE JUDGMENT DATE : 12/14/2005
APPLICANT Mr I Hemmings SOLICITORS Storey & Grough
LEGAL REPRESENTATIVES: FIFTH RESPONDENT (Roy D R Services Pty Limited) Ray Yong Xu (director)
EIGHTH RESPONDENT (Ray Yong Xu) Ray Yong Xu (in person)
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
PRESTON CJ
WEDNESDAY 14 DECEMBER 2005
04/41007
PARRAMATTA CITY COUNCIL v NOHRA & ORS
JUDGMENT 1 HIS HONOUR: The fifth respondent, Roy D R Services Pty Limited ("the company"), and the eighth respondent, Ray Yong Xu ("Mr Xu"), are charged with being in contempt of an order of this Court that was made with their consent to cease using premises at 40 Cowper Street, Granville for the purposes of a brothel. The company and Mr Xu do not admit the charge. The applicant, Parramatta City Council ("the Council"), therefore must prove the charge to the requisite standard, namely beyond reasonable doubt. The Court order 2 The order was made in class 4 proceedings brought by the Council seeking declaratory relief that a number of persons, including the company and Mr Xu, were causing or allowing premises at 40 Cowper Street, Parramatta, being Lot 1 in Deposited Plan 998449 ("the premises"), to be used as a brothel and injunctive relief that they cease using the premises as a brothel. 3 On 12 October 2004, the Court made orders by consent of all of the parties, including the company and Mr Xu. Of relevance is order 2 stating:
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