Sydney City Council v Sydney Tool Supplies Pty Ltd & Daniel Bek (No 3) [2012] NSWLEC 27

Land and Environment Court New South Wales

Medium Neutral Citation: Sydney City Council v Sydney Tool Supplies Pty Ltd & Daniel Bek (No 3) [2012] NSWLEC 27 Hearing dates: 12.11.08 11.03.09 16.03.09 18.05.09 19.05.09 27.05.09 21.07.09 29.07.09 21.10.09 19.11.09 16.12.09 08.02.10 15.02.10 15.03.10 14.05.10 28.07.10 02.08.10 11.08.10 30.08.10 20.10.10 11.11.10 21.02.11 08.03.11 29.03.11 17.05.11 01.06.11 29.06.11 22.02.12 Decision date: 23 February 2012 Jurisdiction: Class 4 Before: Sheahan J Decision: 1. That Daniel Bek is convicted of the charge of contempt of court particularized in the Statement of Charge filed in the court, with the Notice of Motion dated and filed on 30 October 2008. 2. That Daniel Bek is sentenced to a term of imprisonment for one year and nine months. 3. That the execution of the sentence imposed by Order 2 of these orders be suspended for the term of that sentence in accordance with Section 12 of the Crimes (Sentencing Procedure) Act 1999, on the following conditions: (a) that Daniel Bek will appear before the court if called to do so at any time (b) that Daniel Bek be of good behaviour (c) that Daniel Bek will advise the Registrar of the Court of any change of residential address 4. That Daniel Bek is fined the sum of thirty thousand dollars ($30,000). 5. That Daniel Bek is ordered to pay legal costs and the prosecuting Council's investigation expenses as follows: (a) the costs of the substantive proceedings up to and including the date of the first judgment, delivered on 16 September 2008, on a party - party basis, as agreed or assessed according to law (b) all costs and investigation expenses incurred by the prosecuting Council from 16 September 2008 up to and including the date of the third judgment, delivered on 23 February 2012, on an indemnity basis, as agreed or assessed according to law, except that each party is to pay its own costs incurred between 29 June 2011 and 8 November 2011, both inclusive in respect of the question of Daniel Bek's fitness to plead and/or stand his trial on the charge of contempt. 6. That the orders and undertakings made on 29 June 2011 and varied on 25 August 2011 in respect of arrangements akin to bail, and including reporting to Campsie Police Station, are vacated, with the cash security lodged by Salam Bek to be repaid to her. 7. That all exhibits be returned except Exhibits B3, C11, C12 and C13 Catchwords: CONTEMPT OF COURT: Failure to obey orders, False contention that the offending business had been sold, eventual plea of guilty, inquiry into fitness to plead, agreed statement of facts including admissions, sentencing options, suspension of sentence of imprisonment, costs, indemnity costs. Legislation Cited: Environmental Planning and Assessment Act 1979 Local Government Act 1993 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Andary v Council of the City of Sydney [2010] NSWLEC 1307 Australian Securities and Investments Commission (ASIC) v Sigalla (No.4) [2011] NSWSC 62 Council of the City of Sydney v Owners Corporation - Strata Plan 18945 [2011] NSWLEC 79 Daniel Bek v Sydney City Council; Sydney City Council v Sydney Tool Supplies Pty Ltd & Daniel Bek [2008] NSWLEC 262 Environment Protection Authority v Pannowitz (No. 2) [2006] NSWLEC 797; (2006) 153 LGERA 126 Gerondal v Eurobodalla Shire Council (No 5) [2011] NSWLEC 104 Gerondal v Eurobodalla Shire Council (No 6) [2011] NSWLEC 132 Jeray v Blue Mountains City Council [2011] NSWLEC 28 Liverpool City Council v Palerma Pty Ltd and Parilo (No. 2) [2009] NSWLEC 45 Markarian v R [2005] HCA 25; (2005) 228 CLR 357 Mosman Council v Kelly (No 6) [2010] NSWLEC 20 Pang v Bydand Holdings Pty Ltd [2011] NSWCA 69 Pelechowski v Registrar, Court of Appeal [1999] HCA 19; (1999) 198 CLR 435 Registrar of the Court of Appeal v Maniam (No. 2) (1992) 26 NSWLR 309 R v Rahme (1989) 43 A Crim R 81 Sydney City Council v Sydney Tool Supplies Pty Ltd & Daniel Bek (No 2) [2001] NSWLEC 196 Wood v Staunton ( No 5 ) (1996) 86 A Crim R 183 Category: Sentence 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