Bayside Council v Zein [2023] NSWLEC 42

Bayside Council v Zein [2023] NSWLEC 42

Mr Zein's contempt was wilful and serious because he had failed for more than two years to comply with consent orders requiring demolition, building, landscaping and stormwater works, despite personal service of the Orders with a penal notice and extensive correspondence putting him on notice of non-compliance. The...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 April 2023
Procedural Posture
Class 4 Contempt of Court Sentencing Proceedings / Sentence After Plea of Guilty
Outcome
Mr Zein was found guilty of contempt and fined, with a monthly periodic fine suspended for 60 days to allow compliance with the Court's earlier orders.
Legal Topics
['wilful Contempt for Failure to Comply With Consent Orders' 'development Control Order' 'unlawful Building Works' 'fine and Periodic Fine' 'suspension of Periodic Fine to Allow Contempt to Be Purged' 'costs of Contempt Proceedings']
['contempt of Court' 'environmental Planning and Development Control' 'civil Procedure' 'sentencing'] ['wilful Contempt for Failure to Comply With Consent Orders' 'development Control Order' 'unlawful Building Works' 'fine and Periodic Fine' 'suspension of Periodic Fine to Allow Contempt to Be Purged' 'costs of Contempt Proceedings']

Source-derived case record

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Procedural Posture

Class 4 Contempt of Court Sentencing Proceedings / Sentence After Plea of Guilty

Legal Issues

  1. 1 ["What penalty should be imposed for Mr Zein's wilful contempt in failing to comply with the Court's consent orders made on 4 March 2021." 'Whether the periodic fine should be suspended to give Mr Zein a final opportunity to purge the contempt.' 'What costs order should be made in the contempt proceedings.']

Ratio Decidendi

Mr Zein's contempt was wilful and serious because he had failed for more than two years to comply with consent orders requiring demolition, building, landscaping and stormwater works, despite personal service of the Orders with a penal notice and extensive correspondence putting him on notice of non-compliance. The delay was not sufficiently explained by financial difficulty, rain or COVID-19 restrictions, and the failure to complete stormwater works had adversely affected a neighbouring property. Taking into account the guilty plea, contrition, personal circumstances, the need for general and specific deterrence, and comparable cases, the appropriate penalty was a $20,000 fine and a...

Court Disposition

Mr Zein was found guilty of contempt and fined, with a monthly periodic fine suspended for 60 days to allow compliance with the Court's earlier orders.

Orders

  • ['Mr Zein is found guilty of the charge of contempt as identified in the notice of motion and statement of charge dated 21 July 2022.' 'Mr Zein is ordered to pay a fine in the sum of $20,000 to the Registrar of the Court within 28 days of the date of the judgment, for payment to the Council pursuant to s 694 of the...