Camden Council v Rafailidis (No 5) [2014] NSWLEC 85

Land and Environment Court New South Wales

Medium Neutral Citation: Camden Council v Rafailidis (No 5) [2014] NSWLEC 85 Hearing dates: 25 June 2014 Decision date: 25 June 2014 Jurisdiction: Class 4 Before: Sheahan J Decision: (A) Efrem 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 August 2014, until the works the subject of the charge have been completed to Council's satisfaction. (B) The costs order already made against Koula Rafailidis is amended to read: Koula Rafailidis is ordered to pay Council's costs of the contempt proceedings from 1 October 2013 until and including 23 May 2014, on an indemnity basis, as agreed or assessed according to law. (C)Efrem Rafailidis is ordered to pay Council's costs of the contempt proceedings since 23 May 2014, on an indemnity basis, as agreed or assessed according to law. Catchwords: CONTEMPT: Defendant sentenced in his absence - no basis for more lenient penalty than already imposed on co-offender - indemnity costs. Legislation Cited: Land and Environment Court Act 1979 Land and Environment Court Rules 1979 Cases Cited: Camden Council v Rafailidis [2012] NSWLEC 51 Camden Council v Rafailidis (No 3) [2012] NSWLEC 217 Camden Council v Rafailidis (No 4) [2014] NSWLEC 22 Ken Tugrul v Tarrants Financial Consultants Pty Limited (in liquidation) [No 2] [2013] NSWSC 1971 Rafailidis v Roads and Maritime Services (No 2) [2014] NSWLEC 9 Vincent Francis Stanizzo v Muhammad Badarne & Ors [2014] NSWSC 689 Category: Sentence Parties: Camden Council (Prosecutor) Efrem Rafailidis (1st Defendant) Representation: Mr C Campbell, solicitor (Prosecutor) No appearance (1st Defendant) Lindsay Taylor Lawyers (Prosecutor) Defendants self-represented File Number(s): 40855 of 2011