Georges River Council v Hamade [2023] NSWLEC 71

Georges River Council v Hamade [2023] NSWLEC 71

The respondent, Habib Hamade, was guilty of contempt for failure to comply with orders 2 and 3 of the orders made on 19 October 2020. The contempt in relation to order 2 was wilful and serious (though mitigated by attempts to comply and factors beyond his control); order 3 was technical and trivial. Taking into account the seriousness, Hamade's attempts to purge the contempt, his remorse, good character, early guilty plea, mental state, and financial position, a monetary penalty of $17,000 for order 2 and an award of $65,000 for costs was appropriate. No further penalty for order 3.

Parties
Applicant: Georges River Council; First Respondent: Habib Hamade; Second Respondent: Zeinab Hammoud; Third Respondent: Carole Li; Fourth Respondent: Winson Li
Jurisdiction
Australia
Judgment Date
07 July 2023
Procedural Posture
Contempt (class 4) / Sentence
Outcome
Contempt proved; monetary fine and costs imposed.
Legal Topics
Contempt of Court, Breach of Court Orders, Sentencing, Remedial Works, Compliance With Planning Law
Planning and Environment Law Civil Procedure Criminal Procedure Contempt of Court Breach of Court Orders Sentencing Remedial Works Compliance With Planning Law

Case Brief

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Parties

Georges River Council

Applicant

Habib Hamade

First Respondent

Zeinab Hammoud

Second Respondent

Carole Li

Third Respondent

Winson Li

Fourth Respondent

Procedural Posture

Contempt (class 4) / Sentence

Legal Issues

  1. 1 Whether the respondent was in contempt of court by breaching orders 2 and 3 made on 19 October 2020.
  2. 2 Characterisation of the contempt (technical, wilful, contumacious).
  3. 3 Appropriate penalty for the contempt given mitigating and aggravating factors.

Ratio Decidendi

The respondent, Habib Hamade, was guilty of contempt for failure to comply with orders 2 and 3 of the orders made on 19 October 2020. The contempt in relation to order 2 was wilful and serious (though mitigated by attempts to comply and factors beyond his control); order 3 was technical and trivial. Taking into account the seriousness, Hamade's attempts to purge the contempt, his remorse, good character, early guilty plea, mental state, and financial position, a monetary penalty of $17,000 for order 2 and an award of $65,000 for costs was appropriate. No further penalty for order 3.

Court Disposition

Contempt proved; monetary fine and costs imposed.

Orders

  • Habib Hamade is guilty of contempt in respect of orders 2 and 3;
  • Habib Hamade must pay a fine of $17,000 within 28 days;