Tweed Shire Council v Sikiric (No 2) [2012] NSWLEC 119

Land and Environment Court New South Wales

Medium Neutral Citation: Tweed Shire Council v Sikiric (No 2) [2012] NSWLEC 119 Hearing dates: 24 May 2012 Decision date: 24 May 2012 Jurisdiction: Class 4 Before: Sheahan J Decision: 1. The defendant is found guilty of, and convicted of, contempt of orders 4 and 5 made by me on 9 December 2011. 2. The defendant is fined $18,000, plus a penalty of $2,000 per week until all chickens and poultry sheds have been removed. 3. The weekly penalty in Order 2 is suspended until 3 June 2012. 4. My Orders 6 and 7 of 9 December 2011, regarding costs of the proceedings and storage of materials, are affirmed. 5. The defendant is ordered to pay Council's costs incurred since 1 January 2012 on an indemnity basis. 6. The exhibits are returned. 7. The Council is given liberty to apply on 72 hours notice in respect of these orders. Catchwords: CONTEMPT: Plea of Guilty - principles to apply - conviction and fine - weekly penalty pending total compliance - indemnity costs Cases Cited: Burwood Council v Ruan [2008] NSWLEC 167 Environment Protection Authority v Ramsey Food Processing Pty Ltd (No 4) [2011] NSWLEC 246 Tweed Shire Council v Sikiric [2011] NSWLEC 240 Wollongong City Council v Kilpatrick (No 2) [2012] NSWLEC 98 Category: Sentence Parties: Tweed Shire Council (Prosecutor) Dean Sikiric (Defendant) Representation: Mr M R Hall, barrister Mr P Trout, barrister Sparke Helmore Lawyers (Prosecutor) Solon Lawyers (Defendant) File Number(s): 40825 of 2011