Campbelltown City Council v Welsh [1988] NSWLEC 107

Land and Environment Court of New South Wales

CITATION : Campbelltown City Council v Welsh [1988] NSWLEC 107 APPLICANT Campbelltown City Council

PARTIES : RESPONDANT Michael John Welsh and M.J. Welsh Pty. Limited.

FILE NUMBER(S) : 40223 of 1988 CORAM: Stein J KEY ISSUES: :- LEGISLATION CITED: CASES CITED: Mudginberri Station v. AMIEU (1986) DATES OF HEARING: 05/02/1988 DATE OF JUDGMENT: 02/05/1988

APPLICANT Mr. Millar LEGAL REPRESENTATIVES: RESPONDENT Mr. Onisforou

JUDGMENT:

EXTEMPORARY JUDGMENT ON NOTICE OF MOTION

HIS HONOUR: This is a Notice of Motion brought by the Council of the City of Campbelltown against the respondents Michael John Welsh and M.J. Welsh Pty. Limited.

Mr. Onisforou has appeared for each respondent and Mr. Millar for the Council.

The proceedings originated by application filed in November 1986 and relate to a recycling scrap metal plant facility at Blaxland Road, Campbelltown. A number of mandatory orders were sought in the original application by the Council, and on 19 March 1987 the Court, with the consent of the parties, made a number of orders. It is in respect of certain of these orders that the allegation of contempt arises.

The orders made by the Court on 19 March last included certain positive work to be performed and carried out within 30 days of the orders and concerned a car park and landscaping within the subject premises. I am informed, and Mr. Millar says nothing to the contrary, that those orders, Nos. 3, 4 and 5 have been carried out by the respondents within the time specified. There were further orders made (Nos. 6, 7 and 8). Order 6 concerned a restraint on the respondents from storing goods and materials within the designated landscaped area. Order 7 concerned a restraint on the respondents from unloading goods and materials outside the boundaries of the property and order 8 concerned a restraint on the respondents from storing goods and materials between the building line and the street alignment on the said property. Compliance with these orders was suspended until 19 April 1987 and it is orders numbers 6 and 8 respectively which are now alleged to had been breached.