Blacktown City Council v Wilkie (No 12) [2011] NSWLEC 238

Blacktown City Council v Wilkie (No 12) [2011] NSWLEC 238

Although the proceedings had already suffered extraordinary delay and repeated vacation applications, the 8 December 2011 hearing had to be vacated because the pre-sentence report was inadequate, the council was not prepared to meet the unexpected amended notice of motion or proceed to sentence, and one day would...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
06 December 2011
Procedural Posture
Class 4 Contempt Proceedings; Interlocutory Application / Application to Vacate Sentence Hearing After Guilty Plea to Contempt of Court Orders
Outcome
Hearing date vacated and consequential orders made; costs reserved.
Legal Topics
['vacation of Hearing Date' 'pre Sentence Report' 'sentence Hearing' 'abuse of Process' 'res Judicata' 'double Jeopardy' 'autrefois Convict' 'costs in Contempt Proceedings' 'overriding Purpose']
['practice and Procedure' 'contempt of Court'] ['vacation of Hearing Date' 'pre Sentence Report' 'sentence Hearing' 'abuse of Process' 'res Judicata' 'double Jeopardy' 'autrefois Convict' 'costs in Contempt Proceedings' 'overriding Purpose']

Source-derived case record

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Procedural Posture

Class 4 Contempt Proceedings; Interlocutory Application / Application to Vacate Sentence Hearing After Guilty Plea to Contempt of Court Orders

Legal Issues

  1. 1 ['Whether the sentence hearing listed on 8 December 2011 should be vacated.' 'Whether the pre-sentence report was adequate for the sentence hearing.' 'Whether issues raised in the amended notice of motion, including service irregularities, withdrawal of the guilty plea, abuse of process, res judicata, double jeopardy and autrefois convict, needed to be determined before sentence.' 'Whether proceeding on 8 December 2011 would be consistent with the overriding purpose of being just, quick and cheap.']

Ratio Decidendi

Although the proceedings had already suffered extraordinary delay and repeated vacation applications, the 8 December 2011 hearing had to be vacated because the pre-sentence report was inadequate, the council was not prepared to meet the unexpected amended notice of motion or proceed to sentence, and one day would not be sufficient to hear the amended motion and determine sentence. Proceeding on that date would not be just, quick or cheap within the meaning of the overriding purpose in the Civil Procedure Act 2005.

Court Disposition

Hearing date vacated and consequential orders made; costs reserved.

Orders

  • ['The hearing date on 8 December 2011 is vacated.' 'The applicant is granted leave to amend its notice of motion filed 13 May 2010.' 'Any amended notice of motion of the applicant is to be filed and served by 16 December 2011.' 'Service of the above amended notice of motion is to be effected by service on the...