Mosman Municipal Council v Kelly (No 5) [2009] NSWLEC 186

Land and Environment Court of New South Wales

CITATION : Mosman Municipal Council v Kelly (No 5) [2009] NSWLEC 186

APPLICANT: Mosman Municipal Council PARTIES : RESPONDENT: David Kelly

FILE NUMBER(S) : 40967 of 2006

CORAM: Biscoe J

KEY ISSUES: PRACTICE AND PROCEDURE :- application to adjourn a contempt sentencing hearing on ground of respondent's ill health.

CASES CITED: Mosman Municipal Council v Kelly (No 3) [2009] NSWLEC 92

DATES OF HEARING: 30 November 2009

EX TEMPORE JUDGMENT DATE : 30 November 2009

APPLICANT: Mr J Lazarus SOLICITORS: Pikes Lawyers LEGAL REPRESENTATIVES: RESPONDENT: Ms L Williams (agent) SOLICITORS: n/a

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BISCOE J

30 November 2009

40967 of 2006

MOSMAN MUNICIPAL COUNCIL v DAVID KELLY

EXTEMPORE JUDGMENT 1 HIS HONOUR: This is an application by the respondent Mr David Kelly to adjourn his sentencing hearing for contempt of court for disobeying a Court order. 2 On 31 July 2008 Mr Kelly was ordered by Lloyd J to demolish a two-storey garage structure located at the rear of premises known as 91 Ourimbah Road, Mosman. He was to comply with that order within a period of four months, that is, by no later than 30 November 2008.

3 That order was a variation of an earlier order made by Jagot J on 19 February 2007. The earlier order was made in similar terms except that it required compliance within a sixty day period and that instance by no later than 20 April 2007.