Blacktown City Council v Hambly (No 2) [2023] NSWLEC 91

Blacktown City Council v Hambly (No 2) [2023] NSWLEC 91

Service had been effected and the respondent was aware that the matter was listed on 4 September 2023. The email from Mr Valdeck did not constitute a proper application to set aside the contempt judgment and orders, and in any event the respondent filed no evidence or material providing a basis to exercise the discretion under r 36.16(2)(b). The respondent had not demonstrated a genuine desire to prosecute such an application or any reason why it would be unjust for the orders of Pepper J finding him guilty of contempt to stand. Any application to set aside was therefore dismissed, and judgment on sentence was reserved.

Jurisdiction
Australia
Judgment Date
08 September 2023
Procedural Posture
Class 4 Contempt of Court Proceeding / Application to Set Aside Contempt Judgment and Orders; Sentencing for Contempt Reserved
Outcome
Any application to set aside the judgment and orders of Pepper J made on 13 July 2023 finding the respondent guilty of contempt of Court was dismissed; judgment on sentence for contempt was reserved.
Legal Topics
['ex Parte Hearing' 'service' 'setting Aside or Varying Entered Judgments or Orders' 'undefended Judgment' 'sentencing for Contempt']
['practice and Procedure' 'contempt of Court' 'environmental Planning and Assessment'] ['ex Parte Hearing' 'service' 'setting Aside or Varying Entered Judgments or Orders' 'undefended Judgment' 'sentencing for Contempt']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 4 Contempt of Court Proceeding / Application to Set Aside Contempt Judgment and Orders; Sentencing for Contempt Reserved

Legal Issues

  1. 1 ['Whether service had been effected on the respondent and whether the Court should proceed in his absence.' 'Whether there was a proper application to set aside the judgment and orders of Pepper J made on 13 July 2023 finding the respondent guilty of contempt of Court.' 'Whether the Court had power under r 36.16(2)(b) of the Uniform Civil Procedure Rules 2005 (NSW) to set aside or vary the judgment and orders made in the absence of the respondent.' 'Whether the discretion to set aside the contempt judgment and orders should be exercised.' "Whether it was within power and appropriate to consider sentencing for contempt in the respondent's absence."]

Ratio Decidendi

Service had been effected and the respondent was aware that the matter was listed on 4 September 2023. The email from Mr Valdeck did not constitute a proper application to set aside the contempt judgment and orders, and in any event the respondent filed no evidence or material providing a basis to exercise the discretion under r 36.16(2)(b). The respondent had not demonstrated a genuine desire to prosecute such an application or any reason why it would be unjust for the orders of Pepper J finding him guilty of contempt to stand. Any application to set aside was therefore dismissed, and judgment on sentence was reserved.

Court Disposition

Any application to set aside the judgment and orders of Pepper J made on 13 July 2023 finding the respondent guilty of contempt of Court was dismissed; judgment on sentence for contempt was reserved.

Orders

  • ['Any application to set aside the judgment and orders of Pepper J made on 13 July 2023 finding the respondent guilty of contempt of Court is dismissed.' 'Judgment is reserved in relation to the sentence to be imposed on the respondent for contempt.']