Nambucca Shire Council v Mirage Property Group Pty Ltd [2008] NSWLEC 84

Nambucca Shire Council v Mirage Property Group Pty Ltd [2008] NSWLEC 84

The Respondent knowingly consented to clear and specific orders, remained in breach of Orders 3 and 4 by failing to provide required weekly reporting and timely, compliant flocculation and sediment treatment material, made no formal approach to the Council or the Court to address difficulty in compliance, and its conduct was relevantly wilful; the breaches were proved beyond reasonable doubt and amounted to contempt.

Jurisdiction
Australia
Judgment Date
22 February 2008
Procedural Posture
Contempt Proceedings / Notice of Motion Charging the Respondent With Contempt of Consent Orders; Plea of Not Guilty; Penalty Not Dealt With
Outcome
The Respondent was convicted of contempt of court as charged in the Statement of Charge; the matter was stood over for a penalty hearing.
Legal Topics
['breach of Consent Orders' 'erosion and Sediment Control' 'subdivision Works' 'standard of Proof for Contempt' 'wilful Non Compliance']
['contempt' 'environmental Law' 'planning and Development'] ['breach of Consent Orders' 'erosion and Sediment Control' 'subdivision Works' 'standard of Proof for Contempt' 'wilful Non Compliance']

Case Brief

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Procedural Posture

Contempt Proceedings / Notice of Motion Charging the Respondent With Contempt of Consent Orders; Plea of Not Guilty; Penalty Not Dealt With

Legal Issues

  1. 1 ['Whether the Respondent was in contempt of Orders 3 and 4 made by the Court on 4 December 2007.' "Whether the Respondent's non-compliance with weekly reporting and submission of a Flocculation and Sediment Treatment Plan was proved beyond reasonable doubt and amounted to contempt."]

Ratio Decidendi

The Respondent knowingly consented to clear and specific orders, remained in breach of Orders 3 and 4 by failing to provide required weekly reporting and timely, compliant flocculation and sediment treatment material, made no formal approach to the Council or the Court to address difficulty in compliance, and its conduct was relevantly wilful; the breaches were proved beyond reasonable doubt and amounted to contempt.

Court Disposition

The Respondent was convicted of contempt of court as charged in the Statement of Charge; the matter was stood over for a penalty hearing.

Orders

  • ['The Respondent is convicted of contempt of court in respect of Orders 3 and 4 made on 4 December 2007.' 'The matter is stood over to a date to be fixed for a hearing on penalty.' 'The parties are directed to see the Listings Manager before 4.30pm on the day of judgment to set the penalty hearing down.' 'The...