Auburn City Council v Zhu (No 4) [2012] NSWLEC 228

Auburn City Council v Zhu (No 4) [2012] NSWLEC 228

The Court was satisfied that the contempt was made out but had been purged because compliance with the April 2010 orders had finally been achieved, and that the proceedings could be resolved by requiring the defendant to pay the Council's agreed costs amount, with dismissal to occur if payment was made by the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 October 2012
Procedural Posture
Class 4 Contempt Proceedings / Sentencing for Contempt of Consent Orders
Outcome
Notice of Motion for contempt adjourned to a date to be fixed, but not before 31 October 2013; defendant ordered to pay $12,000 costs by 31 October 2013; contempt proceedings to be dismissed without further order if costs are paid by that date, with liberty to relist if not paid.
Legal Topics
['breach of Consent Orders Requiring Demolition of Illegal Building Works' 'purging of Contempt' 'costs of Contempt Proceedings']
['planning and Environmental Law' 'contempt' 'civil Procedure'] ['breach of Consent Orders Requiring Demolition of Illegal Building Works' 'purging of Contempt' 'costs of Contempt Proceedings']

Source-derived case record

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Procedural Posture

Class 4 Contempt Proceedings / Sentencing for Contempt of Consent Orders

Legal Issues

  1. 1 ["Whether the defendant was in contempt of the Court's April 2010 consent orders requiring removal of illegal building works." 'Whether the contempt had been purged by compliance with the orders.' "Whether the matter could be disposed of by payment of the Council's costs only."]

Ratio Decidendi

The Court was satisfied that the contempt was made out but had been purged because compliance with the April 2010 orders had finally been achieved, and that the proceedings could be resolved by requiring the defendant to pay the Council's agreed costs amount, with dismissal to occur if payment was made by the specified date.

Court Disposition

Notice of Motion for contempt adjourned to a date to be fixed, but not before 31 October 2013; defendant ordered to pay $12,000 costs by 31 October 2013; contempt proceedings to be dismissed without further order if costs are paid by that date, with liberty to relist if not paid.

Orders

  • ["The Council's Notice of Motion for contempt is adjourned to a date to be fixed, but not before 31 October 2013." "The defendant is ordered to pay in full the Council's costs to date of the contempt proceedings, in the sum of $12,000, by 31 October 2013." 'In the event that the costs are paid in full on or before...