Waverley Council v Tovir Investments Pty Ltd & Rappaport (No 4) [2013] NSWLEC 88

Land and Environment Court New South Wales

Medium Neutral Citation: Waverley Council v Tovir Investments Pty Ltd & Rappaport (No 4) [2013] NSWLEC 88 Hearing dates: 17 June 2013 Decision date: 18 June 2013 Jurisdiction: Class 4 Before: Biscoe J Decision: (1) Respondent Tovir Investments Pty Ltd is fined $40,000 apportioned as follows: (a) $20,000 for its contempt relating to 6 Kent Street, Waverley; (b) $20,000 for its contempt relating to 34 Imperial Avenue, Bondi. (2) Respondent Michael Rappaport is fined the sum of $4,000 apportioned as follows: (a) $2,000 for his contempt relating to 6 Kent street, Waverley; (b) $2,000 for his contempt relating to 34 Imperial Avenue, Bondi. (3) Respondents are to pay the applicant's costs. Catchwords: CONTEMPT - sentencing for disobeying Court orders not to cause or permit premises to be used for purpose of backpackers accommodation as defined in Waverley Local Environmental Plan 1996 - relevance of mental condition to sentencing. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 s 3A Waverley Local Environmental Plan 1996 Cases Cited: Beldon v R [2012] NSWCCA 194 at [33] - [34] Burwood Council v Ruan [2008] NSWLEC 167 Butters v R [2010] NSWCCA 1 Liverpool City Council v Palerma Pty Ltd and Parilo (No 2) [2009] NSWLEC 45 Matthews v Australian Securities and Investments Commission [2009] NSWCA 155 Mosman Municipal Council v Kelly (No 6) [2010] NSWLEC 20 Pittwater Council v Brown Brothers Waste Contractors Pty Ltd (No 2) [2009] NSWLEC 210 Queanbeyan City Council v Sun (No 2) [2013] NSWLEC 64 R v Bugmy [2012] NSWCCA 223 R v Verdins; R v Buckley; R v Vo [2007] VSCA 102,16 VR 269 Ryan v R [2001] HCA 21, 206 CLR 267 Waverley Council v Tovir Investments Pty Ltd & Rappaport (No 3) [2013] NSWLEC 35 Wood v Staunton (No 5) (19960 86 A Crim R 183 Category: Sentence Parties: Waverley Council (Applicant) Tovir Investments Pty Ltd (First Respondent) Michael Rappaport (Second Respondent) Representation: COUNSEL: T Howard (Applicant) A Gruzman (Respondents) SOLICITORS: Sparke Helmore (Applicant) Boskovitz & Associates (Respondents) File Number(s): 40917/10 and 40918/10