HAWKESBURY CITY COUNCIL v FOSTER and ANOR [1997] NSWCA 141

HAWKESBURY CITY COUNCIL v FOSTER and ANOR [1997] NSWCA 141

Majority held the fine imposed for contempt was not a fine 'under any Act' for the purposes of s694(1) of the Local Government Act 1993, nor was there an entitlement to a moiety under s5(3) of the Fines and Penalties Act 1901. Authority to punish contempt stems from the common law and is not specified or authorised by statute, so no statutory right to Council payment arises.

Parties
Appellant: Hawkesbury City Council; First Respondent: Mr Foster; Second Respondent: Mushroom Composters Pty Ltd
Jurisdiction
Australia
Judgment Date
18 December 1997
Procedural Posture
Appeal / Court of Appeal Decision
Outcome
Appeal dismissed (majority). Mason P would have allowed the appeal.
Legal Topics
Recovery of Fines, Meaning of 'under' an Act, Common Informers, Discretionary Payment Under Fines and Penalties Act
Local Government Law Contempt of Court Statutory Interpretation Recovery of Fines Meaning of 'under' an Act Common Informers Discretionary Payment Under Fines and Penalties Act

Case Brief

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Parties

Hawkesbury City Council

Appellant

Mr Foster

First Respondent

Mushroom Composters Pty Ltd

Second Respondent

Procedural Posture

Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether the fine imposed for contempt is payable to the Council under s694(1) of the Local Government Act 1993
  2. 2 Whether a moiety of the fine should be paid to the Council under s5(3) of the Fines and Penalties Act 1901
  3. 3 Interpretation of 'under any Act' in local government legislation and fines statutes

Ratio Decidendi

Majority held the fine imposed for contempt was not a fine 'under any Act' for the purposes of s694(1) of the Local Government Act 1993, nor was there an entitlement to a moiety under s5(3) of the Fines and Penalties Act 1901. Authority to punish contempt stems from the common law and is not specified or authorised by statute, so no statutory right to Council payment arises.

Court Disposition

Appeal dismissed (majority). Mason P would have allowed the appeal.

Orders

  • Appeal dismissed with costs.
  • Appellant’s costs of the appeal to be paid by the State of New South Wales.