Council of the City of Sydney v Mae (No 2) [2012] NSWLEC 188

Land and Environment Court New South Wales

Medium Neutral Citation: Council of the City of Sydney v Mae (No 2) [2012] NSWLEC 188 Hearing dates: 9 August 2012 Decision date: 10 August 2012 Before: Sheahan J Decision: 1. The defendant Garnet Alexander Mae is convicted on the charge of contempt detailed in the Statement of Charge filed on 16 February 2010. 2. The defendant is sentenced to perform 450 hours of community service works and ordered to pay a fine of $54,000. 3. The defendant is further ordered to pay the Council's just and reasonable legal costs and disbursements, including investigation expenses, on an indemnity basis, as agreed or assessed. Those costs and expenses are to be paid in twelve equal monthly instalments, commencing 60 days after the premises know as 20 Belvoir Street, Surry Hills are revested in the defendant. 4. The defendant is to report, within 7 days of these orders to the City District Office of the Probation and Parole Service to conclude arrangements for his community service in accordance with the relevant provisions of the Crimes (Sentencing Procedure) Act 1999 and the undertaking he has already signed pursuant to s 86(5) of that Act. 5. Insofar as it may be required I revoke the warrant I issued on 12 March 2010 for the sheriff to arrest the defendant, and I release the defendant from the conditions attached, at my direction, to the amended Bail Undertaking entered by the defendant on 27 June 2012. 6. Exhibits other than Exhibit M2 are to remain on the court file. Catchwords: CONTEMPT: Contumacious contempt - disobedience of orders made by the court for more than three years - financial gain - sentencing options and principles - indemnity costs Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Environmental Planning and Assessment Act 1979 South Sydney Local Environmental Plan 1998 Cases Cited: Burwood Council v Ruan [2008] NSWLEC 167 Commissioner for Fair Trading v Oliver [2004] NSWSC 722 Council of the City of Sydney v Mae [2009] NSWLEC 84 Council of the City of Sydney v Owners Corporation - Strata Plan 18945 [2011] NSWLEC 79 Environment Protection Authority v Coggins [2003] NSWLEC 111; (2003) 126 LGERA 219 Environment Protection Authority v Pal [2009] NSWLEC 35 Environment Protection Authority v Pannowitz (No.2) [2006] NSWLEC 797; (2006) 153 LGERA 126 Environment Protection Authority v White (1996) 92 LGERA 264 Gerondal v Eurobodalla Shire Council (No 5) [2011] NSWLEC 104 Gerondal v Eurobodalla Shire Council (No 6) [2011] NSWLEC 132 Hunters Hill Council v Hakim [2010] NSWLEC 62 Jeray v Blue Mountains City Council [2011] NSWLEC 28 Markarian v R [2005] HCA 25; (2005) 228 CLR 357 Mosman Municipal Council v Kelly (No 6) [2010] NSWLEC 20 Palerang Council v Banfield (No 2) [2012] NSWLEC 158 Pang v Bydand Holdings Pty Ltd [2011] NSWCA 69 Pelechowski v The Registrar, Court of Appeal (NSW) [1999] HCA 19; (1999) 198 CLR 435 Registrar of the Court of Appeal v Maniam (No. 2) (1992) 26 NSWLR 309 Ronowska v Kus (No 2) [2012] NSWSC 817 Sydney City Council v Sydney Tools Supplies Pty Ltd & Daniel Bek (No 3) [2012] NSWLEC 27 Tweed Shire Council v Sikiric (No 2) [2012] NSWLEC 119 Wollongong City Council v Kilpatrick (No 2) [2012] NSWLEC 98 Wood v Staunton (No 5) (1996) 86 A Crim R 183 Category: Sentence Parties: Council of the City of Sydney (Prosecutor) Mr Garnet Mae (Defendant) Representation: Mr M Wright, barrister (Prosecutor) Mr R Killalea, solicitor (Defendant) Council of the City of Sydney (Prosecutor) KTG Lawyers (Defendant) File Number(s): 41032 of 2008