Manly Council -V- Angelo [1999] NSWLEC 59

Manly Council -V- Angelo [1999] NSWLEC 59

Although the Respondent's failure to comply with the Court's orders constituted wilful and deliberate contempt, it was not contumacious or defiant and resulted from severe financial difficulties, including bankruptcy and inability to raise funds. The Court's authority still required vindication, so a modest fine of $1,000 was appropriate, but payment should be suspended for six months and remitted if the required works were completed within that period.

Jurisdiction
Australia
Judgment Date
17 March 1999
Procedural Posture
Contempt of Court / Penalty, Sentence and Costs After the Respondent Was Found Guilty of Contempt on 11 February 1999
Outcome
Respondent fined $1,000 for contempt, with the fine suspended for six months and to be remitted if the required building works are completed within that period; Respondent ordered to pay the Council's costs of the Contempt Motion.
Legal Topics
['punishment for Proven Contempt' 'non Compliance With Court Orders' 'personal Circumstances of Contemnor' 'suspended Fine' 'costs']
['contempt of Court'] ['punishment for Proven Contempt' 'non Compliance With Court Orders' 'personal Circumstances of Contemnor' 'suspended Fine' 'costs']

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Procedural Posture

Contempt of Court / Penalty, Sentence and Costs After the Respondent Was Found Guilty of Contempt on 11 February 1999

Legal Issues

  1. 1 ["What penalty should be imposed for the Respondent's proven contempt constituted by failure to comply with Court orders requiring building works at 69 Wood Street, Manly." "Whether the Respondent's bankruptcy, indebtedness, lack of financial means and absence of contumacious behaviour justified a modest suspended fine." "Whether the Respondent should pay the Council's costs of the Contempt Motion."]

Ratio Decidendi

Although the Respondent's failure to comply with the Court's orders constituted wilful and deliberate contempt, it was not contumacious or defiant and resulted from severe financial difficulties, including bankruptcy and inability to raise funds. The Court's authority still required vindication, so a modest fine of $1,000 was appropriate, but payment should be suspended for six months and remitted if the required works were completed within that period.

Court Disposition

Respondent fined $1,000 for contempt, with the fine suspended for six months and to be remitted if the required building works are completed within that period; Respondent ordered to pay the Council's costs of the Contempt Motion.

Orders

  • ['A fine of $1,000 is imposed in respect of the contempt found to have been committed by the Respondent, Danny Peter Angelo, by the Court in its Orders of 11 February 1999.' 'Such fine to be suspended for a period of six months.' 'If within the ensuing six months the building works required by the Court Orders are...