TYNAN v MEHARG [1999] NSWCA 157

New South Wales Court of Appeal CITATION : TYNAN v MEHARG [1999] NSWCA 157 FILE NUMBER(S) : CA 40119/98 HEARING DATE(S) : 15 February 1999 JUDGMENT DATE : 31 May 1999

TYNAN & ORS PARTIES : v MEHARG & ANOR JUDGMENT OF : Priestley JA at 1; Handley JA at 1; Stein JA at 1

LOWER COURT JURISDICTION : Land & Environment Court LOWER COURT FILE NUMBER(S) : LEC 40242/96 LOWER COURT JUDICIAL OFFICER : Sheahan J

Claimant/Respondent (1) J Blackman/L Byrne COUNSEL : Opponent (1)/Appellant - P J McEwan SC Opponent (2)/Respondent (2) - M Baird Claimant/Respondent (1) - Cleaves Mallik Gibbs, Cessnock SOLICITORS : Opponent (1)/Appellants - Emery Partners, Newcastle West Opponent (2)/Respondent (2) - Harris Wheeler, Newcastle CATCHWORDS : CONTEMPT OF COURT - NON-COMPLIANCE WITH COURT ORDER TO DEMOLISH HOUSE - APPROPRIATE PENALTY DECISION : Guilty of contempt; Orders made

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL 40119/98 40242/96 PRIESTLEY JA HANDLEY JA STEIN JA

Monday 31 May 1999

TYNAN & ORS v MEHARG & ANOR

CONTEMPT OF COURT - non-compliance with court order to demolish house - appropriate penalty On 24 February 1999 the first opponents had been found guilty of contempt of court for failing to comply with an order to demolish a house on or before 30 November 1998. Contempt proceedings were commenced on 3 December 1998. The order was fully complied with by 6 March. HELD: (1) Although a late start was made towards compliance with the order, reasonably expeditious steps had been taken towards compliance from mid-February. (2) It was appropriate for the Court to take into account the economic and personal losses of the contemnors caused by compliance with the order. ORDERS