Auburn Council v Czopak [No 3] [2005] NSWLEC 417

Land and Environment Court of New South Wales

CITATION : Auburn Council v Czopak [No 3] [2005] NSWLEC 417

APPLICANT: Auburn Council PARTIES : RESPONDENT: Mr Mychajlo Czopak

FILE NUMBER(S) : 40472 of 2005

CORAM: Pain J

KEY ISSUES: Contempt :- adjournment of proceedings to allow Respondent to answer charges of contempt - whether to issue a warrant for the Respondent's arrest for the production of the Respondent before the Court

Environmental Planning and Assessment Act 1979 s 121D LEGISLATION CITED: Land and Environment Court Rules 1996 Pt 6 r 2 Supreme Court Rules 1970 Pt 47 r 2

Auburn Council v Czopak [2005] NSWLEC 357; CASES CITED: Auburn Council v Czopak [No 2] [2005] NSWLEC 372

DATES OF HEARING: 18/07/2005 EX TEMPORE JUDGMENT DATE : 07/18/2005

APPLICANT: Mr P Vergotis (solicitor) SOLICITORS: LEGAL REPRESENTATIVES: Matthews Folbigg

RESPONDENT: no appearance

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Pain J

18 July 2005

40472 of 2005 Auburn Council v Czopak [No 3]

EX TEMPORE JUDGMENT 1 HER HONOUR: Auburn Council ("the Council") has moved the Court by an Amended Notice of Motion dated 18 July 2005 seeking orders that the Respondent is in contempt of Court.

2 On 17 June 2005 I delivered an ex tempore judgment in Auburn Council v Czopak [2005] NSWLEC 357 and made the following orders: … 4. An order that the Respondent be restrained from using the dwelling house and any ancillary outbuildings erected on the premises Lot 14, DP 39372 (No.11) New Street, Lidcombe for residential purposes or any other purposes after Friday 24 June 2005;