NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Mosman Municipal Council v Kelly (No 4) [2009] NSWLEC 115
APPLICANT: Mosman Municipal Council PARTIES : RESPONDENT: David Kelly
FILE NUMBER(S) : 40967 of 2006
CORAM: Biscoe J
KEY ISSUES: PRACTICE AND PROCEDURE :- whether hearing in relation to penalty for contempt for disobeying a court order should be suspended pending determination of application for leave to appeal against decision that respondent is in contempt.
LEGISLATION CITED: Land and Environment Court Act 1979, ss 58(1) & (3), 59
CASES CITED: Fay v Roads and Traffic Authority of New South Wales (1990) 20 NSWLR 665 Miller v Deputy Commissioner of Taxation (1997) 26 ACSR 533
DATES OF HEARING: 23 June 2009
EX TEMPORE JUDGMENT DATE : 23 June 2009
APPLICANT: Mr A Simpson SOLICITORS Pikes Lawyers LEGAL REPRESENTATIVES: RESPONDENT:
Mr P E King, barrister SOLICITORS: McKells
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
BISCOE J
23 June 2009
40967 of 2006
MOSMAN MUNICIPAL COUNCIL v KELLY (No 4)
EX TEMPORE JUDGMENT 1 HIS HONOUR: On 19 June 2009, I found that the respondent had breached an order made by Lloyd J on 31 July 2008 and was in contempt. I indicated that I would proceed to hear the parties on penalty and made directions in relation to the penalty hearing, culminating with a hearing next August.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate