Wollongong City Council v Hollis (No 2) [2017] NSWLEC 176

Land and Environment Court New South Wales

Medium Neutral Citation: Wollongong City Council v Hollis (No 2) [2017] NSWLEC 176 Hearing dates: 6 December 2017 Date of orders: 12 December 2017 Decision date: 12 December 2017 Jurisdiction: Class 4 Before: Moore J Decision: See orders at [64] Catchwords: SENTENCE – contempt of court – failure to obey terms of consent orders – Charge 1 relating to timetable for removal of building and other materials in consent orders – partial failure to remove building and other materials – materials not for use for approved dwelling on the site – consent orders required removal of materials from three nominated areas on the site – material removed from one area – two remaining areas designated Area 4 and Area 7 – some progress with compliance between contempt hearing with material partially removed from Area 4 but not from Area 7– desirability to craft orders on conviction to ensure removal of remaining material – contemnor convicted and fined $500 immediately with deferred fines of $7500 (if Area 4 is not cleared within three (3) months) and a further $7500 (if Area 7 is not cleared within six (6) months) of the date of the orders in these proceedings SENTENCE – contempt of court – failure to obey terms of consent orders – Charge 2 relating to timetable for demolition of the fitout of a shed on the property so as to render it incapable of being used as a dwelling – subsequent modification application for the shed approved by the Council – removal of all of the fitout not now required – permanent stay on those elements now accepted by the Council but which had earlier been ordered to be removed – requirement to remove those fittings remain subject to the order for removal – desirability to craft orders on conviction to ensure removal of remaining fitout not subject of the permanent stay – contemnor convicted and fined $500 immediately with deferred fine of $7500 if remaining fitout not removed within three (3) months) of the date of the orders in these proceedings CAPACITY TO PAY FINE – evidence of contemnor's modest income and net assets taken into account in setting immediate fines and deferred fines Legislation Cited: Crimes (Sentencing Procedure) Act 1999, s 21A Fines Act 1996, s 6 Income Tax Assessment Act 1997 (Cwth) Valuation of Land Act 1916 Wollongong Local Environmental Plan 2009 Cases Cited: Blacktown City Council v The Penatrators Pty Limited (No 5) [2015] NSWLEC 62 Wollongong City Council v Hollis [2017] NSWLEC 123 Category: Sentence Parties: Wollongong City Council (Applicant) Paul Hollis (Respondent) Representation: Counsel: Mr R O'Gorman-Hughes, Barrister (Applicant) Respondent in person