Tri Huu Pham v Emile Papaioannou [2019] NSWLEC 180

Land and Environment Court New South Wales

Medium Neutral Citation: Tri Huu Pham v Emile Papaioannou [2019] NSWLEC 180 Hearing dates: 15 November 2019 Date of orders: 15 November 2019 Decision date: 15 November 2019 Jurisdiction: Class 2 Before: Moore J Decision: Orders at [37] Catchwords: CONTEMPT – order pursuant to the Trees (Disputes Between Neighbours) Act 2006 for pruning of a hedge – height below which the hedge was to be maintained specified in the order – hedge pruned to that maximum height but permitted to grow before further pruning took place – contempt wilful but not contumacious – conviction appropriate – consideration of relevant factors meant small fine appropriate – Respondent fined $500 COSTS – no rule that costs in contempt matters be ordered on the indemnity basis – contempt proceedings uphold the integrity of the Court's orders – reasonable that costs be ordered on the indemnity basis – appropriate to make a gross sum costs order – gross sum costs order made for $47,126. Legislation Cited: Civil Procedure Act 2005, s 98(4)(c) Crimes (Sentencing Procedure) Act 1999, s 21A(3) Trees (Disputes Between Neighbours) Act 2006, Pt 2A Cases Cited: AGL Energy Limited v Hardy (No 3) (2017) FCA 952 Dowling v Prothonotary of the Supreme Court of New South Wales [2018] NSWCA 340 Pham v Papaioannou [2011] NSWLEC 1044 Wood v Staunton (No 5) (1996) 86 A Crim R 183 Category: Principal judgment Parties: Tri Huu Pham (Applicant) Emile Papaioannou (Respondent) Representation: Counsel: Mr M Gunning, barrister (Applicant) Self-represented (Respondent)