AVERINE BEATRIX JUSTELIUS v. PITTWATER COUNCIL [1998] NSWLEC 209 (24 July 1998) [1998] NSWLEC 19

Land and Environment Court of New South Wales

CITATION : AVERINE BEATRIX JUSTELIUS v. PITTWATER COUNCIL [1998] NSWLEC 209 (24 July 1998) [1998] NSWLEC 19 PARTIES : AVERINE BEATRIX JUSTELIUS v. PITTWATER COUNCIL [1998] NSWLEC 209 (24 July 1998) FILE NUMBER(S) : 20001 of 1996 CORAM: Cowdroy J KEY ISSUES: :- LEGISLATION CITED: Local Government Act 1993 CASES CITED: DATES OF HEARING: 24 July 1998 EX TEMPORE JUDGMENT DATE : 07/24/1998

Mrs A Justelius LEGAL REPRESENTATIVES: Ms S Duggan

JUDGMENT: HIS HONOUR: In this matter by amended notice of motion dated 30 June 1998 and filed on 1 July 1998 the Pittwater Council alleged that the respondent Averin Beatrix Justelius had committed a contempt of Court by her alleged failure to fulfil the undertaking which was given to the Court on 25 September 1997. The matter was called this morning and in place of the respondent, Mrs Justelius, Mr Justelius appeared and indicated to the Court that he appeared with the consent of Mrs Justelius who is his wife.

It was indicated that Mrs Justelius was unwell and in receipt of treatment and was not able to attend court today. I subsequently adjourned the matter from 10 o'clock to 10.30 to enable inquiries to be made of the name of the medical practitioners who are treating Mrs Justelius. At 10.30 the matter was called again and due to the absence of Mr Justelius I adjourned the proceedings until 10.50.

On that occasion Mr Justelius informed me that one of the doctors treating Mrs Justelius was a psychiatrist whose name I shall spell, Dr Subau whose telephone number was 9906.8111. He also informed me that Mrs Justelius had consulted that medical practitioner approximately two weeks prior to today at his premises at the North Shore Hospital.