Jeray v Blue Mountains City Council [2011] NSWLEC 28

Land and Environment Court New South Wales

Medium Neutral Citation: Jeray v Blue Mountains City Council [2011] NSWLEC 28 Hearing dates: 31 January 2011, 1 February 2011, 4 February 2011 Decision date: 04 March 2011 Before: Craig J Decision: 1. The respondent is acquitted of each of the charges that are the subject of the statement of charge appended to the applicant's notice of motion of 1 October 2010 2. The applicant's notice of motion dated 1 October 2010 is dismissed 3. The applicant is to pay the respondent's costs of the notice of motion dated 1 October 2010 in so far as that notice of motion charged the respondent with contempt 4. The exhibits may be returned Catchwords: PROCEDURE:- contempt - what constitutes - failure to produce a single document under notice to produce - distinction between notice to produce under UCPR 21.10 and UCPR 34.1 - whether failure to produce documents contempt - whether failure to produce has same effect as failure to comply with subpoena UCPR 33.12 - no equivalent provision for notice to produce - failure to prove beyond reasonable doubt that failure to produce was not casual, accidental or unintentional - contempt not proved Legislation Cited: Civil Procedure Act 2005 Land and Environment Court Rules 2007 Local Government Act 1993 Supreme Court Rules 1970 Uniform Civil Procedure Rules 2005 Cases Cited: AMIEU v Mudginberri Station Pty Ltd [1986] HCA 46; (1986) 161 CLR 98 Anton Piller KG v Manufacturing Processes Ltd [1976] Ch 55 Caroona Coal Action Group Inc v Coal Mines Australia Pty Ltd and Minister for Mineral Resources (No 3) [2010] NSWLEC 59; (2010) 173 LGERA 280 CCOM Pty Ltd v Jiejing Pty Ltd (1992) 37 FCR 1 Environment Protection Authority v Pannowitz (No.2) [2006] NSWLEC 797; (2006) 153 LGERA 126 Jeray v Blue Mountains City Council [2010] NSWLEC 123 Jeray v Blue Mountains City Council [2010] NSWLEC 139 Markisic v Commonwealth of Australia [2007] NSWCA 92; (2007) 69 NSWLR 737 Mosman Council v Kelly (No 3) [2009] NSWLEC 92; (2009) 167 LGERA 91 Norris v Kandiah [2007] NSWSC 1296 Patonga Beach Holdings Pty Ltd v Lyons [2009] NSWSC 869 Pelechowski v Registrar, Court of Appeal (NSW) [1999] HCA 19; (1999) 198 CLR 435 Pyoja Pty Ltd v 284 Bronte Road Developments Pty Ltd [2006] NSWSC 831 Registrar of the Court of Appeal v Maniam [No 2] (1992) 26 NSWLR 309 Spencer Motors Pty Ltd v L&C Industries Ltd (1982) 2 NSWLR 921 Witham v Holloway [1995] HCA 3; (1995) 183 CLR 525 Category: Principal judgment Parties: Ivan Jeray (Applicant) Blue Mountains City Council (Respondent) Representation: Counsel: N/A (Applicant) I J Hemmings (Respondent) Solicitors: Self-represented (Applicant) Marsdens Law Group (Respondent) File Number(s): 40517 of 2010