Blacktown City Council v Hambly (No 3) [2023] NSWLEC 141

Blacktown City Council v Hambly (No 3) [2023] NSWLEC 141

The respondent, Mr Derek Hambly, was found to have wilfully, intentionally, and for a lengthy period, failed to comply with court orders regarding cessation of use and removal of unauthorised structures, and payment of costs. The contempt was serious, ongoing, and without contrition or mitigating evidence. A fine of...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
15 December 2023
Procedural Posture
Civil / Sentence for Contempt
Outcome
Fine imposed for contempt; periodic fine imposed until contempt is purged; costs awarded to applicant; orders made for fines to be paid to council.
Legal Topics
['contempt Proceedings' 'failure to Comply With Court Orders' 'sentencing for Contempt' 'planning Law' 'periodic Fines']
['environmental Law' 'local Government Law' 'contempt of Court'] ['contempt Proceedings' 'failure to Comply With Court Orders' 'sentencing for Contempt' 'planning Law' 'periodic Fines']

Source-derived case record

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Procedural Posture

Civil / Sentence for Contempt

Legal Issues

  1. 1 ['What is the appropriate sentence for Mr Derek Hambly’s contempt of court in failing to comply with court orders made on 26 August 2020?' 'Is Mr Hambly’s contempt wilful or contumacious?' 'What penalty is suitable having regard to the seriousness and ongoing nature of the contempt?' 'Should a periodic fine be imposed until the contempt is purged?']

Ratio Decidendi

The respondent, Mr Derek Hambly, was found to have wilfully, intentionally, and for a lengthy period, failed to comply with court orders regarding cessation of use and removal of unauthorised structures, and payment of costs. The contempt was serious, ongoing, and without contrition or mitigating evidence. A fine of $20,000 and a periodic monthly fine of $2,000 until the contempt is purged is warranted to reflect the objective seriousness, need for general and specific deterrence, and as compensation to the council as required by law.

Court Disposition

Fine imposed for contempt; periodic fine imposed until contempt is purged; costs awarded to applicant; orders made for fines to be paid to council.

Orders

  • ['The respondent, Mr Derek Hambly, is fined an amount of $20,000 pursuant to Part 55, Division 4, rule 13 of the Supreme Court Rules 1970 (NSW) for contempt of court.' 'The respondent is fined a periodical monthly fine of $2,000, commencing on 31 January 2024, until the contempt is purged.' 'The respondent is to pay...