Blacktown City Council v Reid [2003] NSWLEC 120

Blacktown City Council v Reid [2003] NSWLEC 120

The unchallenged evidence showed beyond reasonable doubt that, as at 7 February 2003, the second respondent had not removed the waste from the site as order 5 required and continued to disobey that order. Because order 5 imposed a continuing obligation, the Court could punish the continued disobedience notwithstanding the earlier contempt punishment and imprisonment. The contempt was serious because of the environmental consequences of the waste pile and the continued disobedience despite earlier committal, justifying a six-month sentence; however, committal was suspended for six months to give a further opportunity to purge the contempt, with the monthly removal condition reduced from...

Jurisdiction
Australia
Judgment Date
23 May 2003
Procedural Posture
Notice of Motion for Contempt of an Order of the Court / Finding of Continuing Contempt and Penalty
Outcome
Second respondent found guilty of continuing contempt, committed to prison for six months, with the committal suspended for six months on terms, and ordered to pay the applicant's costs.
Legal Topics
['continuing Contempt' 'committal to Prison' 'suspension of Sentence on Terms' 'removal of Waste to Licensed Waste Management Facility']
['contempt of Court' 'environmental Law' 'civil Procedure'] ['continuing Contempt' 'committal to Prison' 'suspension of Sentence on Terms' 'removal of Waste to Licensed Waste Management Facility']

Case Brief

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Procedural Posture

Notice of Motion for Contempt of an Order of the Court / Finding of Continuing Contempt and Penalty

Legal Issues

  1. 1 ['Whether the second respondent continued to disobey order 5 made on 6 December 2001 by failing to remove waste from the site as at 7 February 2003.' 'Whether the Court had power to punish the second respondent again for continuing disobedience of order 5 after an earlier committal.' 'What punishment and suspension terms were appropriate for the continuing contempt.']

Ratio Decidendi

The unchallenged evidence showed beyond reasonable doubt that, as at 7 February 2003, the second respondent had not removed the waste from the site as order 5 required and continued to disobey that order. Because order 5 imposed a continuing obligation, the Court could punish the continued disobedience notwithstanding the earlier contempt punishment and imprisonment. The contempt was serious because of the environmental consequences of the waste pile and the continued disobedience despite earlier committal, justifying a six-month sentence; however, committal was suspended for six months to give a further opportunity to purge the contempt, with the monthly removal condition reduced from...

Court Disposition

Second respondent found guilty of continuing contempt, committed to prison for six months, with the committal suspended for six months on terms, and ordered to pay the applicant's costs.

Orders

  • ['The second respondent is found guilty of contempt of the Court for continuing to disobey order 5 made on 6 December 2001 by failing as at 7 February 2003 to complete removal of the waste from part lot 2 in DP 781151 on the corner of Grange Avenue and Richmond Road, Marsden Park and transfer it to a licensed waste...