Warringah Council v. Peter Welsh [1998] NSWLEC 123

Land and Environment Court of New South Wales

CITATION : Warringah Council v. Peter Welsh [1998] NSWLEC 123 APPLICANT Warringah Council

FIRST RESPONDENT Phillip Franks PARTIES : SECOND RESPONDENT Peter Welsh

THIRD RESPONDENT Robert Antoun FILE NUMBER(S) : 40123 of 1997 CORAM: Pearlman J KEY ISSUES: :- Land and Environment Court Act 1979 s 5(2) LEGISLATION CITED: Land and Environment Court Rules 1996 pt 15 r 2(1), pt 2 r 1,pt 1 r 5(2) Supreme Court Rules 1970 pt 42 r 8 Drummoyne Municipal Council v Lewis and Ors (1974) 1 NSWLR 655; CASES CITED: Rogerson v Tchia and Ors (1995) 123 FLR 126; Foley v Herald-Sun T.V. Pty Ltd and Anor (1981) VR 315; High Court in Witham v Holloway (1995) 183 CLR 525 DATES OF HEARING: 23/03/98, 24/03/98 DATE OF JUDGMENT: 05/19/1998

APPLICANT Mr D P Wilson, Barrister Wilshire Webb LEGAL REPRESENTATIVES: RESPONDENT Mr C J Leggat, Barrister David Trodden & Associates

JUDGMENT:

These are contempt proceedings. By notice of motion, the applicant, Warringah Council, seeks an order from the Court finding both the first respondent, Mr Phillip Franks, and the third respondent, Mr Robert Antoun, guilty of contempt of orders of the Court.

Initially, the council sought an order that the second respondent, Mr Peter Welsh, also be found guilty of contempt, but that proceeding was ultimately abandoned by the council.