Blacktown City Council v Wilkie and Ors [2002] NSWLEC 122

Blacktown City Council v Wilkie and Ors [2002] NSWLEC 122

The contempt charge must be struck out and the notice of motion for contempt dismissed because the relevant order failed to specify a time for compliance as required by the rules, rendering the basis for the contempt charge defective.

Parties
Applicant: Blacktown City Council; First Respondent: Misty Wilkie; Second Respondent: Mark Reid also known as Craig Floyd; Third Respondent: Graveyard Recycling Pty Ltd; Fourth Respondent: Mario Constantine
Jurisdiction
Australia
Judgment Date
24 June 2002
Procedural Posture
Notice of Motion (application in Proceedings) / Strike Out Application of Contempt Charge
Outcome
Application successful; contempt charge struck out and notice of motion for contempt dismissed.
Legal Topics
Specification of Time for Compliance With Court Orders, Contempt, Defective Orders
Practice and Procedure Specification of Time for Compliance With Court Orders Contempt Defective Orders

Case Brief

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Parties

Blacktown City Council

Applicant

Misty Wilkie

First Respondent

Mark Reid also known as Craig Floyd

Second Respondent

Graveyard Recycling Pty Ltd

Third Respondent

Mario Constantine

Fourth Respondent

Procedural Posture

Notice of Motion (application in Proceedings) / Strike Out Application of Contempt Charge

Legal Issues

  1. 1 Whether failure to specify time for compliance with order renders order defective
  2. 2 Whether statement of charge alleging contempt is ineffective due to omission of specific time for compliance
  3. 3 Whether statement of charge failed to specify terms constituting contempt

Ratio Decidendi

The contempt charge must be struck out and the notice of motion for contempt dismissed because the relevant order failed to specify a time for compliance as required by the rules, rendering the basis for the contempt charge defective.

Court Disposition

Application successful; contempt charge struck out and notice of motion for contempt dismissed.

Orders

  • The statement of charge alleging contempt filed by the applicant and dated 26 February 2002 is struck out.
  • The notice of motion for contempt dated 26 February 2002 is dismissed.