Camden Council v Rafailidis (No 4) [2014] NSWLEC 22

Land and Environment Court New South Wales

Medium Neutral Citation: Camden Council v Rafailidis (No 4) [2014] NSWLEC 22 Hearing dates: 18 March 2014 Decision date: 18 March 2014 Jurisdiction: Class 4 Before: Sheahan J Decision: (1)Efrem Rafailidis is found guilty of contempt, and convicted of that charge. (2)Koula Rafailidis is found guilty of contempt, and convicted of that charge. (3)Council is directed to bring this judgment to the personal notice of Efrem Rafailidis, and is granted liberty to approach the Registrar not earlier than 28 days from today and on seven days' notice to Efrem Rafailidis with a view to the fixing of a date for his sentencing hearing. (4)Koula Rafailidis is fined $10,000, payable to the Registrar pursuant to the Fines Act 1996, plus a monthly fine of $2,000 payable on the first calendar day of each month on and from 1 June 2014, until the works the subject of the charge have been completed to Council's satisfaction. (5)Koula Rafailidis is ordered to pay Council's costs of these contempt proceedings, on and since 1 November 2013, on an indemnity basis, as agreed or assessed according to law. (6)The Council's exhibit will remain on the Court file. Catchwords: CONTEMPT: Disobedience of Court orders Legislation Cited: Environmental Planning and Assessment Act 1979 Fines Act 1996 Local Government Act 1993 Camden Local Environmental Plan 2010 Cases Cited: Ainsworth v Hanrahan (1991) 25 NSWLR 155 Attorney-General (NSW) v John Fairfax & Sons Ltd [1980] 1 NSWLR 362 Attorney-General v Times Newspapers Ltd [1992] 1 AC 191 Australasian Meat Industry Employees' Union v Mudginberri Station Proprietary Limited (1986) 161 CLR 98 Burwood Council v Ruan [2008] NSWLEC 167 Camden Council v Rafailidis [2012] NSWLEC 51 Camden Council v Rafailidis [2012] NSWLEC 125 Camden Council v Rafailidis [2012] NSWLEC 217 Fairclough & Sons v Manchester Ship Canal Co (1897) 41 Sol Jo 225 (CA) Greater Hume Shire Council v J & L Cauchi Civil Contracting Pty Ltd [2006] NSWLEC 738 Hawkesbury City Council v Foster (1997) 97 LGERA 12 Lade & Co. Pty Limited v Black [2006] 2 Qd R 531 M v Home Office [1994] 1 AC 377 Pelechowski v The Registrar, Court of Appeal (NSW) (1999) 198 CLR 435 Registrar of the Court of Appeal v Maniam [No 2] (1992) 26 NSWLR 309 Stancomb v Trowbridge Urban Council [1910] 2 Ch 190 Witham v Holloway (1995) 183 CLR 525 Wollondilly Shire Council v 820 Cawdor Road Pty Ltd [2012] NSWLEC 71 Category: Principal judgment Parties: Camden Council (Applicant) Efrem Rafailidis (1st Respondent) Koula Rafailidis (2nd Respondent) Representation: Mr C Campbell, solicitor (Applicant) No appearance (1st Respondent) Second Respondent in person Lindsay Taylor Lawyers (Applicant) No appearance (1st Respondent) Self represented (2nd Respondent) File Number(s): 40855 of 2011