Liverpool Plains Shire Council v Rumble (No 3) [2014] NSWLEC 139

Land and Environment Court New South Wales

Medium Neutral Citation: Liverpool Plains Shire Council v Rumble (No 3) [2014] NSWLEC 139 Hearing dates: 26 May 2014 Decision date: 26 May 2014 Jurisdiction: Class 4 Before: Pain J Decision: 1. Robert George Rumble is convicted of the charge of contempt as particularised in the statement of charge dated 20 November 2013. 2. Robert George Rumble is fined the sum of $10,000 to be paid to the Registrar of the Court within 28 days of today's date. 3. Robert George Rumble is also fined $15,000 per calendar month so long as Robert George Rumble is in breach of the orders of the Court made on 25 July 2013. 4. Order 3 is suspended until 26 June 2014. 5. Lee Rumble is convicted of the charge of contempt as particularised in the statement of charge dated 20 November 2013. 6. Lee Rumble is fined the sum of $3,000 to be paid to the Registrar of the Court within 28 days of today's date. 7. Lee Rumble is also fined $15,000 per calendar month so long as Lee Rumble is in breach of the orders of the Court made on 25 July 2013. 8. Order 7 is suspended until 26 June 2014. 9. 50 per cent of the amount of fines imposed are to be paid to the Council pursuant to s 122 of the Fines Act 1996. 10. Robert George Rumble and Lee Rumble are to pay the Council's costs on an indemnity basis as agreed or assessed. Catchwords: SENTENCING - contempt of court orders - contempt wilful - periodic fine imposition delayed to enable contempt to be purged Legislation Cited: Criminal Procedure Act 1986 Fines Act 1996 s 6, s 122 Cases Cited: Burwood Council v Ruan [2008] NSWLEC 167 Canterbury City Council v Mihalopoulos (No 3) [2012] NSWLEC 72 Liverpool Plains Shire Council v Rumble (No 2) [2014] NSWLEC 13 Pittwater Council v Brown Brothers Waste Contractors Pty Limited (No 2) [2009] NSWLEC 210 Queanbeyan City Council v Sun (No 2) [2013] NSWLEC 64 Registrar of the Court of Appeal v Maniam [No 2] (1992) 26 NSWLR 309 Wood v Staunton (No 5) (1996) 86 A Crim R 183 Category: Principal judgment Parties: Liverpool Plains Shire Council (Applicant) Robert George Rumble (First Respondent) Lee Rumble (Second Respondent) Representation: Mr M Fraser (Applicant) In person (First Respondent) In person (Second Respondent) Moray & Agnew (Applicant) File Number(s): 40202 of 2013