Shoalhaven City Council v Knight [2019] NSWLEC 138

Land and Environment Court New South Wales

Medium Neutral Citation: Shoalhaven City Council v Knight [2019] NSWLEC 138 Hearing dates: 25 February, 27 May and 19 September 2019 Date of orders: 30 September 2019 Decision date: 30 September 2019 Jurisdiction: Class 4 Before: Moore J Decision: See orders at [99] Catchwords: CONTEMPT - Class 4 proceedings for development without consent - matter referred to mediation - Consent Orders setting timetable for removal of waste material and demolition and removal of unauthorised dwelling - orders included provisions for substituted performance - no compliance with removal orders by Respondent - Respondent charged with contempt - Council undertakes substituted performance to clean up the site and remove the unauthorised dwelling - consideration of the Respondent's subjective circumstances - appropriate starting penalty a fine of $15,000 - Respondent's plea of guilty - appropriate to give 15% discount for plea - consideration of Respondent's financial circumstances - regard had to the extent of the Council's costs to be ordered to be paid by the Respondent - requirement for the Respondent to reimburse the Council for the costs of the clean-up - appropriate to permit the Respondent 90 days in which to reimburse the Council the costs of the clean-up - Respondent fined $1,000. COSTS - appropriate to require the Respondent to pay the Council's costs of the contempt proceedings on the indemnity basis - consideration of time to pay - appropriate to permit the Respondent 90 days within which to pay the Council's costs - costs order made as a gross sum order pursuant to s 98(4)(c) of the Civil Procedure Act 2005 Legislation Cited: Civil Procedure Act 2005, ss 26 and 98(4)(c) Crimes (Sentencing Procedure) Act 1999, s 21A Environmental Planning and Assessment Act 1979 Evidence Act 1995, s 128 Fines Act 1996, ss 6 and 122 Cases Cited: Blacktown City Council v Everson [2019] NSWLEC 4 Canterbury City Council v Ali Ahmed [2016] NSWLEC 160 Cumberland Council v Khoury [2017] NSWLEC 14 Dowling v Prothonotary of the Supreme Court of New South Wales [2018] NSWCA 340 Environment Protection Authority v Barnes (2006) NSWCCA 246 Gittany Constructions Pty Ltd v Sutherland Shire Council (2006) 145 LGERA 189; [2006] NSWLEC 242 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Mosman Municipal Council v Menai Excavations Pty Limited (2002) 122 LGERA 89; [2002] NSWLEC 132 Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309 Wood v Staunton (No 5) (1996) 86 A Crim R 183 Category: Principal judgment Parties: Shoalhaven City Council (Applicant) Garry John Knight (Respondent) Representation: Counsel: Mr J Lazarus, barrister (Applicant) Respondent in person (on 27 May and 19 September)