Council of the City of Sydney v Mae (No 2) [2012] NSWLEC 188

Council of the City of Sydney v Mae (No 2) [2012] NSWLEC 188

The conduct of the defendant was found to be contumacious contempt: deliberate, sustained defiance of specific court orders relating to unauthorised works and use of premises for unlawful purposes, for significant financial gain, and continued despite clear notice and opportunity to comply, justifying a substantial penalty including the maximum community service period, a heavy fine, and order for indemnity costs, but not imprisonment, considering the late plea of guilty and circumstances.

Jurisdiction
Australia
Judgment Date
10 August 2012
Procedural Posture
Criminal Contempt / Sentencing
Outcome
Defendant convicted of contempt; sentenced to 450 hours community service and fined $54,000; indemnity costs and other orders made.
Legal Topics
['contempt of Court' 'sentencing Principles' 'development Control' 'unauthorised Works' 'boarding House Use' 'indemnity Costs']
['criminal Law' 'planning and Environment Law'] ['contempt of Court' 'sentencing Principles' 'development Control' 'unauthorised Works' 'boarding House Use' 'indemnity Costs']

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Procedural Posture

Criminal Contempt / Sentencing

Legal Issues

  1. 1 ["Whether the defendant's conduct amounted to criminal contempt of court for disobedience of court orders" 'Appropriate sentencing and penalty for contumacious contempt involving financial gain and sustained defiance' 'Whether the circumstances warranted a custodial sentence, a fine, community service, or combination']

Ratio Decidendi

The conduct of the defendant was found to be contumacious contempt: deliberate, sustained defiance of specific court orders relating to unauthorised works and use of premises for unlawful purposes, for significant financial gain, and continued despite clear notice and opportunity to comply, justifying a substantial penalty including the maximum community service period, a heavy fine, and order for indemnity costs, but not imprisonment, considering the late plea of guilty and circumstances.

Court Disposition

Defendant convicted of contempt; sentenced to 450 hours community service and fined $54,000; indemnity costs and other orders made.

Orders

  • ['The defendant Garnet Alexander Mae is convicted on the charge of contempt detailed in the Statement of Charge filed on 16 February 2010.' 'The defendant is sentenced to perform 450 hours of community service works and ordered to pay a fine of $54,000.' "The defendant is further ordered to pay the Council's just...