Manly Council v Angelo [2001] NSWLEC 194

Manly Council v Angelo [2001] NSWLEC 194

Given the continuing disobedience of court orders by the Respondent, including failure to perform required building works after prior findings of contempt and opportunity for remedy, a more severe penalty in the form of a daily fine is necessary to coerce compliance and uphold the authority of the court.

Jurisdiction
Australia
Judgment Date
02 August 2001
Procedural Posture
Contempt Proceeding / Hearing of Ex Parte Motion for Penalty
Outcome
Respondent found guilty of contempt; daily fine imposed
Legal Topics
['disobedience of Court Orders' 'penalties for Contempt' 'substituted Service']
['contempt of Court' 'building and Construction Law'] ['disobedience of Court Orders' 'penalties for Contempt' 'substituted Service']

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Procedural Posture

Contempt Proceeding / Hearing of Ex Parte Motion for Penalty

Legal Issues

  1. 1 ['Whether the Respondent is guilty of contempt by disobeying court orders' 'Appropriate penalty for continuing contempt of court']

Ratio Decidendi

Given the continuing disobedience of court orders by the Respondent, including failure to perform required building works after prior findings of contempt and opportunity for remedy, a more severe penalty in the form of a daily fine is necessary to coerce compliance and uphold the authority of the court.

Court Disposition

Respondent found guilty of contempt; daily fine imposed

Orders

  • ["Respondent found guilty of contempt as stated in the Statement of Charge annexed to the Council's Notice of Motion filed 20 March 2001." 'A daily fine of $500 imposed while court orders remain unfulfilled.' 'Daily fine to be remitted if specified rectification works are satisfactorily completed within 28 days of...