Wollongong City Council v Kilpatrick & Anor (No 2) [2012] NSWLEC 98

Land and Environment Court New South Wales

Medium Neutral Citation: Wollongong City Council v Kilpatrick & Anor (No 2) [2012] NSWLEC 98 Hearing dates: 1 May 2012 Decision date: 01 May 2012 Before: Sheahan J Decision: 1.The First Named Defendant Leslie Kilpatrick is convicted of contempt of Court as charged in the Statement of Charge dated 8 July 2011. 2.The First Named Defendant Leslie Kilpatrick is fined $35,000. 3.The First Named Defendant Leslie Kilpatrick is ordered to pay a daily penalty of $2,000 per day. 4.Order 3 is suspended until 4pm Friday 4 May in respect of all remaining items on the land, except the 30 tonne Kato 1220 excavator, in respect of which Order 3 is suspended until 4pm Friday 8 June 2012. 5.The First Named Defendant Leslie Kilpatrick is ordered to pay the applicant Council's costs incurred since 8 November 2011 on an indemnity basis, within 28 days of agreement or assessment. Catchwords: CONTEMPT: Disobedience of two sets of orders made by the court by consent - environmental harm Legislation Cited: Environmental Planning and Assessment Act 1979 Cases Cited: Hunters Hill Council v Hakim [2010] NSWLEC 62 Mosman Municipal Council v Kelly (No 6) [2010] NSWLEC 20 Wollongong City Council v Kilpatrick [2011] NSWLEC 61 Category: Principal judgment Parties: Wollongong City Council (Applicant) Leslie Kilpatrick (First Respondent) Margaret Kilpatrick (Second Respondent) Representation: Dr S Berveling, Barrister (Applicant) Mr L Kilpatrick (in person) (First Respondent) No appearance (Second Respondent) Wollongong City Council, in house solicitor (Applicant) In person (First Respondent) No appearance (Second Respondent) File Number(s): 41004 of 2010