Warringah Council v. Phillip Franks [1998] NSWLEC 104

Land and Environment Court of New South Wales

CITATION : Warringah Council v. Phillip Franks [1998] NSWLEC 104 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: :- LEGISLATION CITED: Land and Environment Court Act 1979 s 67 Warringah Council v Franks and Ors, 19 May 1998, unreported).; CASES CITED: Hawkesbury City Council v Foster and Mushroom Composters Pty Ltd (1997) 97 LGERA 12; McIntyre v Perks (1987) 15 NSWLR 417 DATES OF HEARING: 24/08/98 EX TEMPORE JUDGMENT DATE : 08/24/1998

APPLICANT Mr D P Wilson, Barrister Wilshire Webb

LEGAL REPRESENTATIVES: RESPONDENT Mr C J Leggat, Barrister Roper & Steggall

JUDGMENT:

The proceedings before this Court today concern the punishment which this Court should impose in relation to the contempt of its orders that I have found in relation to Mr Phillip Franks and in relation to Mr Robert Antoun (see Warringah Council v Franks and Ors, 19 May 1998, unreported).

The Court has power to punish for contempt. Section 67 of the Land and Environment Court Act 1979 provides as follows:

"The Court shall have and may exercise the functions vested in the Supreme Court in respect of the following matters -

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