South Sydney City Council v Hexiva Pty Limited [2002] NSWLEC 174

Land and Environment Court of New South Wales

CITATION : South Sydney City Council v Hexiva Pty Limited [2002] NSWLEC 174 APPLICANT South Sydney City Council PARTIES : RESPONDENT Hexiva Pty Limited FILE NUMBER(S) : 40047 of 2001 CORAM: Talbot J KEY ISSUES: Contempt :- failure to comply with fire orders - no penalty where council objective of compliance achieved LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 121B CASES CITED: DATES OF HEARING: 28/08/2002 EX TEMPORE JUDGMENT DATE : 08/28/2002

APPLICANT Mr A M Hawkes (Solicitor) SOLICITORS Pike Pike & Fenwick LEGAL REPRESENTATIVES: RESPONDENT Mr R Wechsler SOLICITORS N/A

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

40047 of 2001 Talbot J 28 August 2002

South Sydney City Council Applicant v Hexiva Pty Limited Respondent

Judgment

1. HIS HONOUR: The proceedings before the Court are commenced by way of a notice of motion seeking that the respondent be found guilty of contempt of the Court's Orders made on 2 August 2001 ("the Court's Orders"). The Court's Orders were made following two days of hearing in class 4 proceedings wherein South Sydney City Council ("the council") sought mandatory orders requiring that the respondent comply with the terms of an order made pursuant to s 121B of the Environmental Planning and Assessment Act 1979 ("the EP&A Act") ("the council's orders").