Hornsby Shire Council v Olga Wallis (No. 2) [2004] NSWLEC 440

Land and Environment Court of New South Wales

CITATION : Hornsby Shire Council v Olga Wallis (No. 2) [2004] NSWLEC 440 APPLICANT Hornsby Shire Council PARTIES : RESPONDENT Olga Wallis

FILE NUMBER(S) : 40821 of 2002 CORAM: Pain J KEY ISSUES: Contempt :- Failure to comply with Court orders - failure to purge contempt LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 121ZJ(11) Land and Environment Court Act 1979, s 69 CASES CITED: DATES OF HEARING: 21/07/2004 EX TEMPORE 07/21/2004 JUDGMENT DATE :

APPLICANT T G Howard (barrister) SOLICITOR Mr I Woodward LEGAL REPRESENTATIVES: RESPONDENT Ms L L Tucker (barrister) Mr Y Wallis (as agent)

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

PAIN J

21 JULY 2004

40821 OF 2002 HORNSBY SHIRE COUNCIL v

OLGA WALLIS

EX TEMPORE JUDGMENT ON CONTEMPT (NO 2) 1 HER HONOUR: These are contempt of court proceedings taken by the Council against Mrs Wallis. On 2 March 2004 I found Mrs Wallis guilty of contempt of court in that she failed to comply with numerous orders made by this Court on 3 July 2003 in relation to the construction of a retaining wall. On that occasion I allowed her ten weeks to do the necessary work so that the contempt could be purged before I determined what sentence was appropriate.

2 The Council brought the matter back before me on 27 April 2004, some eight weeks later, because no work had been commenced by Mrs Wallis at that stage. I allowed Mrs Wallis another ten weeks for the work to be done before the postponed sentencing hearing on 2 July 2004. Throughout this matter Mrs Wallis has been represented, with her consent, by her husband Mr Wallis and I note that he, on his wife's behalf, has an important decision-making role in relation to the matters before me.