Bankstown City Council v Attallah & Anor [2000] NSWLEC 133

The court found Mr Attallah guilty beyond reasonable doubt of contempt, being satisfied he knew of and at least acquiesced in the continued use of the premises for prostitution in breach of court orders.

Parties: Applicant: Bankstown City Council; First Respondent: Joseph Attallah; Second Respondent: Jaqueline Walsh
Jurisdiction: Australia
Judgment Date: 28 April 2000
Procedural Posture: Class 4 Proceedings / Judgment on Contempt and Penalty
Outcome: Contempt—conviction of first respondent, fine and cost orders imposed.
Legal Topics: Contempt—civil, Environmental Planning—unauthorised Land Use, Penalties for Breach of Court Orders

Contempt of Court Planning Law Contempt—civil Environmental Planning—unauthorised Land Use Penalties for Breach of Court Orders

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Parties

Bankstown City Council

Applicant

Joseph Attallah

First Respondent

Jaqueline Walsh

Second Respondent

Procedural Posture

Class 4 Proceedings / Judgment on Contempt and Penalty

Legal Issues

1 Whether the respondent was in contempt of court orders restraining use of premises for the purpose of prostitution

Ratio Decidendi

Court Disposition

Contempt—conviction of first respondent, fine and cost orders imposed.

Orders

First respondent to pay fine of $25,000 to the Registrar within six months.
First respondent to pay applicant's costs on a party-party basis within 28 days of agreement or assessment.