Sydney City Council v Sydney Tool Supplies Pty Ltd & Daniel Bek (No. 2) [2011] NSWLEC 196

Land and Environment Court New South Wales

Medium Neutral Citation: Sydney City Council v Sydney Tool Supplies Pty Ltd & Daniel Bek (No. 2) [2011] NSWLEC 196 Hearing dates: 29 June, 12 July, 3 August, 25 August, 8 November, 2011 Decision date: 10 November 2011 Jurisdiction: Class 4 Before: Sheahan J Decision: 1.The court finds that the defendant Bek was fit to plead to the charge of contempt, and that he remains fit for the continuation of his sentencing hearing. 2.Directions are to be made for the resumption of the sentence hearing on a date to be fixed. 3.Costs of the fitness inquiry reserved. 4.All exhibits before the inquiry returned. Catchwords: CONTEMPT: fitness or unfitness to plead and/or stand trial, common law principles to be applied (the Presser Test), inquiry to be held before trial can continue. Legislation Cited: Mental Health (Forensic Provisions) Act 1990 Cases Cited: Daniel Bek v Sydney City Council; Sydney City Council v Sydney Tool Supplies Pty Ltd & Daniel Bek [2008] NSWLEC 262 Director-General, Department of Environment, Climate Change and Water v Source & Resources Pty Limited; Alexander; Gordon Plath of the Department of Environment, Climate Change and Water v Source & Resources Pty Limited; Alexander [2010] NSWLEC 235 Director-General, Department of Environment, Climate Change and Water v Source & Resources Pty Limited; Alexander (No 2); Gordon Plath of the Department of Environment, Climate Change and Water v Source & Resources Pty Limited; Alexander (No 2) [2011] NSWLEC 87 Eastman v R [2000] HCA 29; (2000) 203 CLR 1 Kesavarajah v R [1994] HCA 41; (1994) 181 CLR 230 Mantell v Molyneux [2006] NSWSC 955; (2006) 68 NSWLR 46 R v Hugh Edward Murray, Sydney District Court, 2009/63315, unreported 09.09.10 R v Mailes [2001] NSWCCA 155; (2001) 53 NSWLR 251 R v Presser [1958] VR 45 R v Rivkin [2004] NSWCCA 7; (2004) 59 NSWLR 284 R v Zvonaric [2001] NSWCCA 505; (2001) 54 NSWLR 1 Category: Procedural and other rulings Parties: Council of the City of Sydney (Applicant) Sydney Tool Supplies Pty Ltd (First Respondent) 'Danny' Bek (Second Respondent) Representation: Mr M Wright, Barrister (Applicant) Mr C J Haseldine (Second Respondent) Sydney City Council (Applicant) Milford Haseldine & Williams (Second Respondent) File Number(s): 40627 of 2008