Blacktown City Council v The Penatrators Pty Limited (No 5) [2015] NSWLEC 62

Land and Environment Court New South Wales

Medium Neutral Citation: Blacktown City Council v The Penatrators Pty Limited (No 5) [2015] NSWLEC 62 Hearing dates: 20 April 2015 Date of orders: 21 April 2015 Decision date: 21 April 2015 Jurisdiction: Class 4 Before: Biscoe J Decision: In each of proceedings 40699/13 and 40700/13: (1) The respondents are fined the sum of $50,000, to be paid to the Registrar of the Court by 31 May 2015. (2) If and so long as order 3 made by the Court on 4 February 2014 is not complied with after 31 May 2015, the respondents are fined the further sum of $25,000 per calendar month or part thereof commencing on 1 June 2015, to be paid to the Registrar of the Court by the end of the following calendar month. (3) The respondents are to pay the applicant's costs on an indemnity basis as agreed or assessed. (4) The respondents are jointly and severally liable for payment of the said fines and costs. (5) The exhibits are to be returned. Catchwords: SENTENCE – for continuing contempt in disobeying orders of the Court. Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 Environmental Planning and Assessment Act 1979 Uniform Civil Procedure Rules 2005 r 40.7 State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Cases Cited: Australasian Meat Industry Employees' Union v Mudginberri Station Pty Ltd [1986] HCA 46, 161 CLR 98 Blacktown City Council v The Penatrators Pty Limited (No 3) [2014] NSWLEC 4 Blacktown City Council v The Penatrators Pty Limited (No 4) [2015] NSWLEC 8 Burwood Council v Ruan [2008] NSWLEC 167 Queanbeyan City Council v Sun (No 2) [2013] NSWLEC 64, 195 LGERA 14 Waverley Council v Tovir Investments Pty Ltd and Rappaport (No 4) [2013] NSWLEC 88 Category: Sentence Parties: Blacktown City Council (Applicant) The Penatrators Pty Limited (First Respondent) Michael Galainy (Second Respondent) Representation: COUNSEL: A Pickles (Applicant) M Galainy in person (Respondent)