Fairfield City Council v Camilleri [2019] NSWLEC 95

Fairfield City Council v Camilleri [2019] NSWLEC 95

Saviour Camilleri wilfully failed to comply with clear consent orders requiring removal of waste and livestock from two properties, despite repeated opportunities and assistance from the applicant and others, and his conduct constituted serious, ongoing contempt of court. In light of his ongoing non-compliance, further undertakings not honoured, and the psychological evidence of incapacity to fully purge contempt, the sentence must protect the administration of justice by enforcing the orders through sequestration of his estate, alongside imposition of a reduced fine and indemnity costs, taking into account his mental health, financial situation, and utilitarian value of his guilty pleas.

Parties
Applicant/prosecutor: Fairfield City Council; Respondent/defendant: Saviour Camilleri
Jurisdiction
Australia
Judgment Date
05 July 2019
Procedural Posture
Class 4 (civil Enforcement) Proceedings for Contempt of Court / Sentencing and Final Orders After Guilty Plea to Contempt
Outcome
Conviction for contempt; writ of sequestration issued; fine and indemnity costs ordered
Legal Topics
Failure to Comply With Court Orders, Sentencing for Contempt, Enforcement — Sequestration of Estate, Waste Management Offences, Land Use Controls
Environmental Law Civil Procedure Contempt of Court Failure to Comply With Court Orders Sentencing for Contempt Enforcement — Sequestration of Estate Waste Management Offences Land Use Controls

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Parties

Fairfield City Council

Applicant/prosecutor

Saviour Camilleri

Respondent/defendant

Procedural Posture

Class 4 (civil Enforcement) Proceedings for Contempt of Court / Sentencing and Final Orders After Guilty Plea to Contempt

Legal Issues

  1. 1 Whether Saviour Camilleri is guilty of contempt of court for failure to comply with orders to remove waste and livestock from two properties
  2. 2 What is the appropriate penalty for the contempt, considering mental health and compliance attempts
  3. 3 Whether sequestration of Camilleri's estate is justified to secure compliance

Ratio Decidendi

Saviour Camilleri wilfully failed to comply with clear consent orders requiring removal of waste and livestock from two properties, despite repeated opportunities and assistance from the applicant and others, and his conduct constituted serious, ongoing contempt of court. In light of his ongoing non-compliance, further undertakings not honoured, and the psychological evidence of incapacity to fully purge contempt, the sentence must protect the administration of justice by enforcing the orders through sequestration of his estate, alongside imposition of a reduced fine and indemnity costs, taking into account his mental health, financial situation, and utilitarian value of his guilty pleas.

Court Disposition

Conviction for contempt; writ of sequestration issued; fine and indemnity costs ordered

Orders

  • Council's Notices of Motion filed 10 May 2019 are upheld.
  • Notice of Motion by Saviour Camilleri and Diane Borg filed 2 April 2019 is dismissed with costs.