Georges River Council v Stojanovski (No 3) [2019] NSWLEC 139

Land and Environment Court New South Wales

Medium Neutral Citation: Georges River Council v Stojanovski (No 3) [2019] NSWLEC 139 Hearing dates: 6, 22 and 30 August, 2 and 20 September 2019 Date of orders: 30 September 2019 Decision date: 30 September 2019 Jurisdiction: Class 4 Before: Moore J Decision: (1) Pursuant to s 98(4)(c) of the Civil Procedure Act 2005, Mr Steven Stojanovski (the First Respondent) is ordered to pay the Applicant's costs in the gross sum of $23,083.80; and (2) The Applicant's motion that the First Respondent be punished for contempt is otherwise dismissed. Catchwords: CONTEMPT - carry out development without consent - Class 4 proceedings leading to orders to demolish and remove unauthorised development - orders not complied with - contempt proceedings commenced - First Respondent found guilty of contempt - further compliance orders made requiring First Respondent to demolish and remove material within further period of time - sentencing hearing deferred to permit First Respondent to comply with further order - substituted performance order made in favour of the Applicant - substituted performance order mandated the Applicant to demolish and remove if First Respondent did not do so - First Respondent failed to comply within further period of time - Applicant failed to carry out mandated substituted performance requirement - First Respondent and Applicant both in breach of court orders - sentencing hearing for First Respondent - Applicant seeks order to extend the time for mandated substituted performance - extension granted - no participation by First Respondent in sentencing hearing - First Respondent completes demolition and removal of unauthorised structures - Applicant no longer presses that the First Respondent be punished for contempt - Applicant proposes that, other than as to costs, the Applicant's contempt motion be dismissed COSTS - appropriate to order that the First Respondent pay the Applicant's costs on the ordinary basis up to and including the sentencing hearing together with those of the finalisation hearing - not appropriate to require the First Respondent to pay the costs of the two hearings required to address the failure of the Applicant to carry out the mandated substituted performance order - appropriateness of a gross sum costs order to finalise the proceedings - the First Respondent ordered to pay the Applicant's costs in the gross sum of $23,083.80. Legislation Cited: Civil Procedure Act 2005, s 98(4)(c) Environmental Planning and Assessment Act 1979 Uniform Civil Procedure Rules 2005, r 40.8 Cases Cited: Georges River Council v Stojanovski [2018] NSWLEC 125 Georges River Council v Stojanovski (No 2) [2019] NSWLEC 53 Lismore City Council v Vivian [2016] NSWLEC 108 Category: Principal judgment Parties: Georges River Council (Applicant) Steven Stojanovski (First Respondent) Robert Stojanovski (Second Respondent) Representation: Counsel: Mr N Eastman, barrister (Applicant) No appearance (First or Second Respondent)