Queanbeyan City Council v Sun (No 2) [2013] NSWLEC 64

Land and Environment Court New South Wales

Medium Neutral Citation: Queanbeyan City Council v Sun (No 2) [2013] NSWLEC 64 Hearing dates: 8 May 2013 Decision date: 09 May 2013 Jurisdiction: Class 4 Before: Biscoe J Decision: (1) The respondent is fined the sum of $20,000 to be paid to the Registrar of the Court within 28 days. That sum is apportioned equally for the respondent's breach of order 4 and breach of order 5 made by the Court on 2 April 2012. (2) The respondent is fined the further sum of $10,000 per calendar month commencing in July 2013, to be paid to the Registrar of the Court, the first payment to be made by 1 July 2013 and then by the first day of each month thereafter so long as the respondent is in breach of order 4 or order 5 of the Court made on 2 April 2012. The said sum is apportioned equally for the respondent's breach of order 4 and his breach of order 5. (3) Order 2 is discharged when the respondent has complied with orders 4 and 5 of the Court made on 2 April 2012. (4) The respondent is to pay the applicant's costs on an indemnity basis as agreed or assessed. (5) The exhibits may be returned. Catchwords: CONTEMPT - sentence for disobeying Court orders to enforce conditions of a development consent - whether Crimes (Sentencing Procedure) Act 1999 and Fines Act 1996 apply to civil contempts and, if not, whether should be applied by analogy. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 s 3 Fines Act 1996 s 6 Environmental Planning and Assessment Act 1979 s 121B Cases Cited: Attorney-General for NSW v Whiley (1993) 31 NSWLR 314 Australian Securities and Investments Commission v White (No 4) [2011] NSWSC 62, (2011) 80 NSWLR 113 Australian Meat Industry Employees Union v Mudginberri Station Pty Ltd [1986] HCA 46, (1986) 161 CLR 98 Burwood Council v Ruan [2008] NSWLEC 167 Hearne v Street [2008] HCA 36, (2008) 235 CLR 125 NCR Australia Pty Ltd v Credit Connection Pty Ltd [2005] NSWSC 1118 Palerang Council v Banfield (No 2) [2012] NSWLEC 158 Queanbeyan City Council v Pre-Cast Concrete Solutions Pty Ltd [2008] NSWLEC 147 Queanbeyan City Council v Sun [2012] NSWLEC 70 Queanbeyan City Council v Sun [2013] NSWLEC 6 Waverley Council v Tovir Investments Pty Ltd (No 3) [2013] NSWLEC 35 Witham v Holloway [1995] HCA 3, (1995) 183 CLR 525 Wood v Staunton (No 5) (1996) 86 A Crim R 183 Category: Sentence Parties: Queanbeyan City Council (Applicant) Kuan Ren Sun (Respondent) Representation: COUNSEL: T To (Applicant) S Fraser (Respondent) SOLICITORS: Herring & Associates (Applicant) Zone Legal (Respondent) File Number(s): 41226/11