Bayside Council v Kelly [2024] NSWLEC 125

Bayside Council v Kelly [2024] NSWLEC 125

The Respondents are guilty of contempt beyond reasonable doubt for disobeying prior court orders. In light of ongoing non-compliance despite ample opportunity, it is appropriate to order that Bayside Council be permitted to enter the Premises to effect compliance after 3 March 2025 and to recover reasonable costs. Costs awarded on the usual basis are sufficient; conduct does not warrant indemnity costs.

Parties
Applicant: Bayside Council; First Respondent: Sandra Kelly; Second Respondent: Raymond Kelly
Jurisdiction
Australia
Judgment Date
29 November 2024
Procedural Posture
Contempt Application (class 4) / Sentence
Outcome
Respondents convicted of contempt; orders made for Council to enter in default of compliance and costs awarded on usual basis.
Legal Topics
Enforcement of Court Orders, Removal of Waste Materials, Costs Orders, Access to Premises
Contempt of Court Environmental Law Local Government Enforcement of Court Orders Removal of Waste Materials Costs Orders Access to Premises

Case Brief

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Parties

Bayside Council

Applicant

Sandra Kelly

First Respondent

Raymond Kelly

Second Respondent

Procedural Posture

Contempt Application (class 4) / Sentence

Legal Issues

  1. 1 Whether the respondents are guilty of contempt for disobeying court orders to remove vehicles and waste materials
  2. 2 Appropriate orders to remedy ongoing non-compliance
  3. 3 Whether costs should be awarded and if so, on what basis

Ratio Decidendi

The Respondents are guilty of contempt beyond reasonable doubt for disobeying prior court orders. In light of ongoing non-compliance despite ample opportunity, it is appropriate to order that Bayside Council be permitted to enter the Premises to effect compliance after 3 March 2025 and to recover reasonable costs. Costs awarded on the usual basis are sufficient; conduct does not warrant indemnity costs.

Court Disposition

Respondents convicted of contempt; orders made for Council to enter in default of compliance and costs awarded on usual basis.

Orders

  • First Respondent convicted of contempt as charged.
  • Second Respondent convicted of contempt as charged.