Hutley v Cosco [2016] NSWLEC 15

Land and Environment Court New South Wales

Medium Neutral Citation: Hutley v Cosco [2016] NSWLEC 15 Hearing dates: 4 November 2015, 9 November 2015, 16 November 2015, 17 November 2015, 15 February 2016 Date of orders: 10 March 2016 Decision date: 10 March 2016 Jurisdiction: Class 4 Before: Pain J Decision: (1) The Respondent is to pay the Applicants' costs of the Notice of Motion for contempt dated 14 October 2015.

(2) The Respondent is to pay the Applicants' costs of 4 and 6 November 2015 of the Notice of Motion dated 4 November 2015.

(3) The exhibits are to be returned. Catchwords: CONTEMPT – plea of guilty to civil contempt – contempt unintentional – work to purge contempt completed in course of extended sentencing hearing – Applicants' costs payable on usual basis

PROCEDURE- costs of second notice of motion filed in course of contempt proceedings – whether Applicants' costs ought be paid in absence of a determination of the notice of motion – partial costs order made. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 s 21A Civil Procedure Act 2005 s 98 Uniform Civil Procedure Rules 2005 r 42.1 Cases Cited: Australian Securities and Investment Commission v Sigalla (No 4) [2011] NSWSC 62; (2011) 80 NSWLR 113 Canterbury City Council v Mihalopoulos (No 3) [2012] NSWLEC 72 Greater Hume Shire Council v J & L Cauchi Civil Contracting [2006] NSWLEC 738 Latoudis v Casey [1990] HCA 59; (1990) 170 CLR 534 Mosman Municipal Council v Kelly (No 6) [2010] NSWLEC 20 Owners Strata Plan 37762 v Pham (No 2) [2007] NSWLEC 306 Pittwater Council v Brown Brothers Waste Contractors Pty Ltd (No 2) [2009] NSWLEC 210 Queanbeyan City Council v Pre-Cast Concrete Solutions Pty Ltd [2008] NSWLEC 147 Re The Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia; Ex parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622 Wood v Staunton (No 5) (1996) 86 A Crim R 183 Category: Principal judgment Parties: Vanessa Hutley (First Applicant) Anthony Gerald Forward (Second Applicant) Anthony John Cosco (Respondent) Representation: COUNSEL: J Doyle with I King (Applicants) G Carolan (Respondent)