Canterbury City Council v Ahmed [2016] NSWLEC 68

Land and Environment Court New South Wales

Medium Neutral Citation: Canterbury City Council v Ahmed [2016] NSWLEC 68 Hearing dates: 15, 16 April, 2, 3 and 4 July 2013 Date of orders: 03 June 2016 Decision date: 03 June 2016 Jurisdiction: Class 4 Before: Craig J Decision: At [62] and Orders Catchwords: CONTEMPT – contravention of court orders – court orders requiring compliance with development consent conditions – unlawful use of premises outside of permitted operating hours – whether defendants contravened court orders – whether use of premises outside of operating hours – whether court orders ambiguous – whether rational alternative hypothesis inconsistent with defendant's guilt Legislation Cited: Local Government Act 1993 (NSW) Cases Cited: Commonwealth Bank of Australia v Salvato (No 4) [2013] NSWSC 321 Pang v Bydand Holdings Pty Ltd [2011] NSWCA 69 Waverley Council v Tovir Investments Pty Ltd (No 3) [2013] NSWLEC 35 Category: Principal judgment Parties: Canterbury City Council (Plaintiff) Ali Ahmed (First Defendant) Auto Group Australia Pty Ltd t/as BTA Motorsports (Second Defendant) Representation: Counsel: Mr T G Howard, barrister (Plaintiff) Mr P Kintominas, barrister (Defendants)

Solicitors: Pikes & Verekers Lawyers (Plaintiff) Samaan & Associates Lawyers (Defendants) File Number(s): 165178 of 2016 Publication restriction: No

TABLE OF CONTENTS Contempt Charges The 1990 Consent Consent Orders are Made The Facts The Land is Leased to Ali Ahmed The Business of BTA Motorsports Control of the BTA Motorsports Business Business Expansion Out of Hours Operation Noise During the Charge Period The "Dyno Machine" The Council's Complaint Record Relevant Legal Principles Proof Of Possession And Control Liability of the Second Defendant Liability of the First Defendant Orders