Wollongong City Council v Hollis [2017] NSWLEC 123

Land and Environment Court New South Wales

Medium Neutral Citation: Wollongong City Council v Hollis [2017] NSWLEC 123 Hearing dates: 5 December 2016 and 21 September 2017(mentions 30 January, 27 March, 10 and 16 May 2017) Date of orders: 25 September 2017 Decision date: 25 September 2017 Jurisdiction: Class 4 Before: Moore J Decision: Directions for sentencing hearing annexed after [58] Catchwords: CONTEMPT – two charges laid by Council for alleged breaches of court orders made by consent in Class 4 proceedings – not guilty pleas entered to each charge CONTEMPT – Charge 1 – failure to remove building materials and other materials from the site within the period required by the court orders – some materials removed from site – other materials moved and restacked but remaining on site – Respondent guilty of contempt with respect to Charge 1 CONTEMPT – Charge 2 – failure, within the period required by court orders, to remove fittings from a shed that converted the shed into a dwelling– modification application to existing development consent approved by the Applicant – some of the fittings now not required to be removed but others still required to be removed – proposed orders to stay existing court orders with respect to fittings now approved to be retained – proposed staying orders require redrafting – Respondent to be found guilty of contempt with respect to Charge 2 after staying orders made to exclude now permitted fittings from the removal orders DIRECTIONS – directions to be made for a sentencing hearing on Charges 1 and 2 – directions to be annexed to decision Legislation Cited: Wollongong Local Environmental Plan 2009 Category: Principal judgment Parties: Wollongong City Council (Applicant) Paul Hollis (Respondent) Representation: Counsel: Mr R O'Gorman-Hughes, barrister (Applicant) Respondent in person