Blacktown City Council v Butler & Anor [2008] NSWLEC 295

Blacktown City Council v Butler & Anor [2008] NSWLEC 295

The defendants were convicted of contempt for breaching undertakings relating to storage of firewood, parking or storage of business vehicles, and failure to remove an unauthorised mezzanine structure. After pleas of guilty and partial purging of contempt, the court imposed a fine and ordered costs, finding the contempts in the lower range of seriousness and granting a 20% discount for guilty plea.

Jurisdiction
Australia
Judgment Date
20 October 2008
Procedural Posture
Class 4 Proceedings / Sentencing After Guilty Plea to Contempt
Outcome
Defendants convicted of contempt; fined; costs ordered
Legal Topics
['breach of Undertakings' 'sentencing for Contempt' 'costs Orders']
['planning Law' 'environmental Law' 'contempt of Court'] ['breach of Undertakings' 'sentencing for Contempt' 'costs Orders']

Case Brief

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Procedural Posture

Class 4 Proceedings / Sentencing After Guilty Plea to Contempt

Legal Issues

  1. 1 ['Whether the respondents breached undertakings given to the court' 'Appropriate penalty for contempt of court' 'Entitlement to costs for the applicant']

Ratio Decidendi

The defendants were convicted of contempt for breaching undertakings relating to storage of firewood, parking or storage of business vehicles, and failure to remove an unauthorised mezzanine structure. After pleas of guilty and partial purging of contempt, the court imposed a fine and ordered costs, finding the contempts in the lower range of seriousness and granting a 20% discount for guilty plea.

Court Disposition

Defendants convicted of contempt; fined; costs ordered

Orders

  • ['Warwick Kevin Butler and Top Cut Tree Services Pty Ltd are both convicted of contempt.' 'Each Defendant is fined $8,000.' "Defendants are jointly and severally ordered to pay all the Prosecutor's costs of the contempt proceedings, on a party-party basis, as agreed, or as assessed according to law." 'All exhibits...