Kyogle Council v Manning [2001] NSWLEC 9

Kyogle Council v Manning [2001] NSWLEC 9

The respondent had failed to comply with the Court's orders until very recently and was therefore in contempt, although he had belatedly complied and purged the contempt; because contempt of court is serious and compliance with court orders is essential to the administration of justice, a monetary penalty was required.

Jurisdiction
Australia
Judgment Date
08 December 2000
Procedural Posture
Contempt Proceedings in Class 4 of the Court's Jurisdiction Concerning Non Compliance With Court Orders Made Under the Local Government Act 1993 / Ex Tempore Judgment on Amended Notice of Motion for Contempt and Penalty
Outcome
Charge of contempt proved; respondent ordered to pay a monetary penalty and further costs.
Legal Topics
['failure to Comply With Court Orders' 'keeping of Dogs' 'barking Nuisance' 'penalty for Contempt' 'belated Compliance']
['contempt of Court' 'local Government' 'land and Environment'] ['failure to Comply With Court Orders' 'keeping of Dogs' 'barking Nuisance' 'penalty for Contempt' 'belated Compliance']

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Procedural Posture

Contempt Proceedings in Class 4 of the Court's Jurisdiction Concerning Non Compliance With Court Orders Made Under the Local Government Act 1993 / Ex Tempore Judgment on Amended Notice of Motion for Contempt and Penalty

Legal Issues

  1. 1 ["Whether the respondent was in contempt by failing to comply with the Court's orders made on 10 July 1998 and orders numbered 1 and 2 made on 14 July 1999." 'What penalty, if any, should be imposed where the respondent had belatedly complied with the orders and purged the contempt.']

Ratio Decidendi

The respondent had failed to comply with the Court's orders until very recently and was therefore in contempt, although he had belatedly complied and purged the contempt; because contempt of court is serious and compliance with court orders is essential to the administration of justice, a monetary penalty was required.

Court Disposition

Charge of contempt proved; respondent ordered to pay a monetary penalty and further costs.

Orders

  • ['I find the charge of contempt proved.' 'I order the respondent to pay a penalty for such contempt in the sum of fifteen thousand dollars ($15,000.00).' "The respondent must pay the applicant's costs which have been incurred since 11 August 2000 up to and including today." 'The exhibits may be returned.']