Campbelltown City Council v Mark Theo Collins [2003] NSWLEC 3

> Land and Environment Court of New South Wales

CITATION : Campbelltown City Council v Mark Theo Collins [2003] NSWLEC 3 APPLICANT Campbelltown City Council PARTIES : RESPONDENT Mark Theo Collins FILE NUMBER(S) : 40155 of 2001 CORAM: Cowdroy J KEY ISSUES: Contempt :- adjournment of hearing defendant's presence required at hearing of charges LEGISLATION CITED: Supreme Court Rules 1970 R v Fletcher and Another; Ex parte Kisch (1935) 52 CLR 248; CASES CITED: Sydney City Council v Danias (1986) 58 LGRA 387; Witham v Holloway (1995) 183 CLR 525 DATES OF HEARING: 29/10/2002 EX TEMPORE JUDGMENT DATE : 10/29/2002

APPLICANT Mr P Clay (Barrister)

SOLICITORS LEGAL REPRESENTATIVES: Marsdens

RESPONDENT No appearance

JUDGMENT: 40155-02-Campbelltown CC v Collins.rtf

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 40155 of 2001

Cowdroy, J

29 October 2002 Campbelltown City Council Applicant v Mark Theo Collins Respondent Judgment

1 The applicant moves the Court by a Notice of Motion filed on 2 July 2002 alleging that the defendant is guilty of contempt of court. The statement of charge contained in such Motion alleges that the respondent as at 30 April 2002 has failed to comply with orders of the Court made on 19 December 2001. 2 The respondent is not present. His name has been called outside the Court on three occasions, but he has not appeared. A letter was sent by the solicitor's for the applicant to the respondent at 21 Brae Street, Prospect on 12 July 2002 advising him of the callover held on 11 July 2002, and of the fact that this matter has been set down for hearing today and tomorrow 30 October 2002.