Gerondal v Eurobodalla Shire Council [2011] NSWLEC 58

Gerondal v Eurobodalla Shire Council [2011] NSWLEC 58

The Court granted the adjournment because, despite the time that had elapsed since service of the motion and supporting material, the potential seriousness of the contempt consequences justified giving the self-represented appellant an opportunity to seek legal advice, and the Council did not oppose the adjournment.

Jurisdiction
Australia
Judgment Date
15 February 2011
Procedural Posture
Class 6 Proceedings; Notice of Motion for Contempt of Court / Adjournment Application and Plea to Contempt Charges
Outcome
Adjournment granted; plea of not guilty noted; costs reserved.
Legal Topics
['adjournment Application' 'motion for Contempt' 'self Represented Litigant' 'seeking Legal Advice' 'orders Under S 245 of the Protection of the Environment Operations Act 1997']
['procedure' 'contempt of Court' 'environmental Law'] ['adjournment Application' 'motion for Contempt' 'self Represented Litigant' 'seeking Legal Advice' 'orders Under S 245 of the Protection of the Environment Operations Act 1997']

Case Brief

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Procedural Posture

Class 6 Proceedings; Notice of Motion for Contempt of Court / Adjournment Application and Plea to Contempt Charges

Legal Issues

  1. 1 ['Whether the contempt proceedings should be adjourned to allow the self-represented appellant to seek legal advice.' 'What plea should be noted to the contempt charges contained in the notice of motion filed on 17 December 2010.']

Ratio Decidendi

The Court granted the adjournment because, despite the time that had elapsed since service of the motion and supporting material, the potential seriousness of the contempt consequences justified giving the self-represented appellant an opportunity to seek legal advice, and the Council did not oppose the adjournment.

Court Disposition

Adjournment granted; plea of not guilty noted; costs reserved.

Orders

  • ['Note that the appellant, Paul Gerondal, enters a plea of not guilty to each of the charges of contempt contained in the notice of motion filed on 17 December 2010.' 'Give leave to the parties to approach the Registrar forthwith in order to obtain a hearing date for a hearing of two days.' 'Costs are reserved.']