Lake Macquarie City Council v Gordon [2017] NSWLEC 122

Lake Macquarie City Council v Gordon [2017] NSWLEC 122

Both respondents were found guilty of contempt for failing to comply with specific orders for remediation works (timeliness and certification) and for unauthorised earthworks. The First Respondent's involvement was minimal and dominated by the Second Respondent; she was not convicted on any count and was only ordered to pay indemnity costs (with exclusions). The Second Respondent was convicted on all charges, fined for lesser breaches ($3,000 and $2,000), and sentenced to three months' full-time imprisonment for wilful and contumacious contempt (Charge 3), reflecting the seriousness, lack of remorse, prior history, and need for deterrence. Both were ordered to pay indemnity costs (with...

Parties
Prosecutor: Lake Macquarie City Council; First Respondent: Diane Joy Gordon; Second Respondent: Hugh Charles Gordon
Jurisdiction
Australia
Judgment Date
21 September 2017
Procedural Posture
Class 4 Civil Enforcement/contempt Proceedings / Sentencing
Outcome
Conviction on all three charges for Second Respondent with fines and custodial sentence; no conviction for First Respondent but guilty findings and costs orders.
Legal Topics
Civil Contempt of Court, Enforcement of Court Orders, Development Without Consent, Remediation Orders, Sentencing for Contempt, Costs in Contempt Proceedings
Planning and Environment Civil Procedure Contempt Civil Contempt of Court Enforcement of Court Orders Development Without Consent Remediation Orders Sentencing for Contempt +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 21 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Lake Macquarie City Council

Prosecutor

Diane Joy Gordon

First Respondent

Hugh Charles Gordon

Second Respondent

Procedural Posture

Class 4 Civil Enforcement/contempt Proceedings / Sentencing

Legal Issues

  1. 1 Whether the respondents are guilty of contempt for breaching court orders relating to remediation works and unauthorised development;
  2. 2 Appropriate sentencing and penalties for contempt, including whether to convict, impose fines, or custodial sentence;
  3. 3 Whether indemnity costs should be ordered against the respondents.

Ratio Decidendi

Both respondents were found guilty of contempt for failing to comply with specific orders for remediation works (timeliness and certification) and for unauthorised earthworks. The First Respondent's involvement was minimal and dominated by the Second Respondent; she was not convicted on any count and was only ordered to pay indemnity costs (with exclusions). The Second Respondent was convicted on all charges, fined for lesser breaches ($3,000 and $2,000), and sentenced to three months' full-time imprisonment for wilful and contumacious contempt (Charge 3), reflecting the seriousness, lack of remorse, prior history, and need for deterrence. Both were ordered to pay indemnity costs (with...

Court Disposition

Conviction on all three charges for Second Respondent with fines and custodial sentence; no conviction for First Respondent but guilty findings and costs orders.

Orders

  • Diane Joy Gordon found guilty on three charges but not convicted; to pay indemnity costs of Lake Macquarie City Council (excluding costs related to two specified motions).
  • Hugh Charles Gordon found guilty and convicted on all charges; fined $3,000 (Charge 1), $2,000 (Charge 2); sentenced to three months' imprisonment (Charge 3); to pay indemnity costs of Lake Macquarie City Council (excluding costs related to two specified motions).