Byron Shire Council v Hutton & (3) Ors [2003] NSWLEC 157

Byron Shire Council v Hutton & (3) Ors [2003] NSWLEC 157

The first respondent had notice of the Court's order and of the contempt motions, did not appear, and the evidence showed breaches of order No. 2 on each charged date. The contempts were proved to the criminal standard, were contumacious and deliberate, and warranted a substantial fine as punishment and deterrence.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
01 May 2003
Procedural Posture
Class 4 Proceedings; Notices of Motion for Contempt / Ex Tempore Judgment on Eight Notices of Motion for Contempt, Heard Ex Parte After the First Respondent Did Not Appear
Outcome
The eight contempt charges were proved; the first respondent was found guilty on each motion and fined a total of $40,000, with costs payable to the applicant.
Legal Topics
['disobedience of Court Orders' 'development Consent Conditions' 'outdoor Seating Use' 'penalty for Contempt']
['contempt of Court' 'environmental Planning and Development Control'] ['disobedience of Court Orders' 'development Consent Conditions' 'outdoor Seating Use' 'penalty for Contempt']

Source-derived case record

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Procedural Posture

Class 4 Proceedings; Notices of Motion for Contempt / Ex Tempore Judgment on Eight Notices of Motion for Contempt, Heard Ex Parte After the First Respondent Did Not Appear

Legal Issues

  1. 1 ['Whether the first respondent disobeyed order No. 2 made on 2 September 2002 by using, suffering or permitting the side path area adjacent to Shop No. 1 at 95 Johnson Street, Byron Bay for tables, chairs and the like otherwise than in accordance with the development consent as modified.' 'Whether the contempt charges were proved to the criminal standard.' 'What penalty should be imposed for the proved contempts.']

Ratio Decidendi

The first respondent had notice of the Court's order and of the contempt motions, did not appear, and the evidence showed breaches of order No. 2 on each charged date. The contempts were proved to the criminal standard, were contumacious and deliberate, and warranted a substantial fine as punishment and deterrence.

Court Disposition

The eight contempt charges were proved; the first respondent was found guilty on each motion and fined a total of $40,000, with costs payable to the applicant.

Orders

  • ['The first respondent is found guilty of the charge of contempt as set out in the statement of charge.' 'The first respondent is fined the sum of $5,000.' "The first respondent must pay the applicant's costs." 'The exhibits may be returned.']