Gerondal v Eurobodalla Shire Council (No 6) [2011] NSWLEC 132

Land and Environment Court New South Wales

Medium Neutral Citation: Gerondal v Eurobodalla Shire Council (No 6) [2011] NSWLEC 132 Hearing dates: 1 August 2011 Decision date: 04 August 2011 Jurisdiction: Class 6 Before: Pain J Decision: 1. The Defendant is convicted of the charge of contempt in relation to charges 1, 3, 4, 5, 6 and 9 in the statement of charge filed on 17 December 2010. 2. The Defendant is to ensure that the whole of the material circled on the right of photograph F taken on 31 July 2011 (exhibit 9) being metal sheeting relating to charge 4 in the statement of charge, is to be either used lawfully for the repair of the roof or removed from the property entirely by 7 September 2011. 3. The Council has liberty to restore the matter to the list if order 2 is not complied with. 4. The Defendant is to pay the Council's costs of these contempt proceedings on an indemnity basis. 5. Exhibits are to be returned. Catchwords: CONTEMPT - conviction entered where no penalty imposed COSTS - whether costs ought be awarded on indemnity basis Legislation Cited: Crimes (Appeal and Review) Act 2001 s 49 Cases Cited: ASIC v Sigalla (No 4) [2011] NSWSC 62 Colgate-Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225 Environment Protection Authority v Ableway Waste Management Pty Ltd [2005] NSWLEC 469 Environment Protection Authority v Pannowitz (No 2) [2006] NSWLEC 797; (2006) 153 LGERA 126 Gerondal v Eurobodalla Shire Council (No 5) [2011] NSWLEC 104 Mosman Municipal Council v Kelly (No 6) [2010] NSWLEC 20 Pelechowski v The Registrar, Court of Appeal [1999] HCA 19; (1999) 198 CLR 435 Texts Cited: GE Dal Pont, Law of Costs, 2nd ed (2009) LexisNexis Butterworths Category: Sentence Parties: Eurobodalla Shire Council (Plaintiff) Paul Gerondal (Defendant) Representation: Mr P Larkin (Plaintiff) Mr P Gerondal (Defendant - in person) Sparke Helmore Lawyers (Plaintiff) File Number(s): 60002 of 2009