Armidale Local Aboriginal Lands Council v Moran (No 2) [2019] NSWSC 1739

Supreme Court New South Wales

Medium Neutral Citation: Armidale Local Aboriginal Lands Council v Moran (No 2) [2019] NSWSC 1739 Hearing dates: 5 December 2019 Decision date: 05 December 2019 Jurisdiction: Common Law Before: Adamson J Decision: (1) Declare that the defendant is guilty of contempt as set out in the statement of charge attached to the notice of motion filed on 27 February 2019 (the statement of charge).

(2) Order that Kerry Moran be convicted of criminal contempt of the orders made by Schmidt J on 20 July 2018 as alleged in the statement of charge.

(3) Sentence Kerry Moran to a term of imprisonment of 14 days to commence on 5 December 2019 and expire on 18 December 2019.

(4) Note that Ms Moran will be entitled to be released on 18 December 2019. Catchwords: CONTEMPT – criminal contempt – contumacious breach of orders – refusal to vacate premises owned by plaintiff scheduled for demolition

CONTEMPT – criminal contempt – penalties – imprisonment – no other penalty appropriate in the circumstances Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 5 Cases Cited: Armidale Local Aboriginal Lands Council v Moran [2018] NSWSC 1133 Lewis v Ogden (1984) 153 CLR 682; [1984] HCA 26 Moran v Armidale Local Aboriginal Lands Council [2019] NSWCA 220 Category: Principal judgment Parties: Armidale Local Aboriginal Lands Council (Plaintiff) Kerry Archibald Moran (Defendant) Representation: Counsel: D Eardley (Plaintiff) Defendant (self-represented)