NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Blue Mountains City Council v Fowler [2007] NSWLEC 476
APPLICANT Blue Mountains City Council PARTIES : RESPONDENT Julian James Ronald Fowler
FILE NUMBER(S) : 41025 of 2006
CORAM: Jagot J
KEY ISSUES: Contempt :- failure to comply with Court's order - motion adjourned to allow compliance - breach proved - breach wilful but not in deliberate defiance of Court - fine imposed - order vacating fine if minor outstanding works completed as required - finding of contempt and order for payment of Council's costs
LEGISLATION CITED: Local Government Act 1993
Australasian Meat Industry Employees Union v Mudginberri Station Pty Ltd [1986] 161 CLR 98 ; CASES CITED: Greater Hume Shire Council v J & L Cauchi Civil Contracting Pty Ltd [2006] NSWLEC 738 ; Lade & Co Pty Ltd v Black [2006] QCA 294 ; Witham v Holloway [1995] 183 CLR 525
DATES OF HEARING: 24/5/07, 11/7/07
EX TEMPORE JUDGMENT DATE : 11 July 2007
APPLICANT Ms M Linkenbagh, solicitor SOLICITORS Houston Dearn O'Connor LEGAL REPRESENTATIVES: RESPONDENT Mr Julian JR Fowler (in person) SOLICITORS N/A
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Jagot J
11 July 2007
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