Hunters Hill Council v Hakim & Anor [2010] NSWLEC 62

Hunters Hill Council v Hakim & Anor [2010] NSWLEC 62

Defendants were in clear contempt of consent orders requiring complete removal of the brushwood fence. Their failure to remove the fence, notwithstanding repeated notices and opportunities, and partial rather than total compliance, constitutes serious and continuous contempt. Sentencing principles require fines, daily penalties, and indemnity costs, with allowance for pleas of guilty and contrition.

Jurisdiction
Australia
Judgment Date
28 April 2010
Procedural Posture
Civil Enforcement Contempt Proceedings / Judgment After Plea of Guilty, Sentencing
Outcome
Defendants convicted of contempt of court and fined; daily penalties imposed; indemnity costs ordered.
Legal Topics
['consent Orders' 'development Control' 'enforcement of Planning Laws' 'civil Contempt' 'sentencing']
['environmental Law' 'local Government Law' 'contempt of Court'] ['consent Orders' 'development Control' 'enforcement of Planning Laws' 'civil Contempt' 'sentencing']

Case Brief

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Procedural Posture

Civil Enforcement Contempt Proceedings / Judgment After Plea of Guilty, Sentencing

Legal Issues

  1. 1 ['Whether the defendants were in contempt of court by failing to comply with consent orders requiring total removal of a brushwood fence' 'Appropriate penalty for civil contempt in these circumstances']

Ratio Decidendi

Defendants were in clear contempt of consent orders requiring complete removal of the brushwood fence. Their failure to remove the fence, notwithstanding repeated notices and opportunities, and partial rather than total compliance, constitutes serious and continuous contempt. Sentencing principles require fines, daily penalties, and indemnity costs, with allowance for pleas of guilty and contrition.

Court Disposition

Defendants convicted of contempt of court and fined; daily penalties imposed; indemnity costs ordered.

Orders

  • ['Each defendant convicted of contempt of court as charged.' 'Mick Hakim fined $12,000.' 'Yvonne Hakim fined $2,400.' 'Each defendant ordered to pay a daily penalty of $1,000 per day, suspended until 31 May 2010 to enable purging of contempt.' "Defendants jointly and severally ordered to pay applicant Council's...