Parramatta City Council v Roy D R Services Pty Limited, Ray Yong Xu & Ors [2005] NSWLEC 756

Parramatta City Council v Roy D R Services Pty Limited, Ray Yong Xu & Ors [2005] NSWLEC 756

Roy D R Services Pty Limited was found to have wilfully disobeyed the court order by continuing to use the premises as a brothel up to 29 June 2005, constituting wilful contempt. The company, being the lessee and operator, was responsible. The contempt required punishment by fine and costs to uphold court authority.

Parties
Applicant: Parramatta City Council; Fifth Respondent: Roy D R Services Pty Limited; Eighth Respondent: Ray Yong Xu; Transferee: Zhixian Fan
Jurisdiction
Australia
Judgment Date
14 December 2005
Procedural Posture
Class 4 Proceedings / Judgment on Contempt Notice of Motion
Outcome
Contempt found against fifth respondent; eighth respondent dismissed.
Legal Topics
Use of Premises as Brothel, Court Order Enforcement, Punishment for Contempt, Costs
Planning and Environmental Law Contempt of Court Use of Premises as Brothel Court Order Enforcement Punishment for Contempt Costs

Case Brief

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Parties

Parramatta City Council

Applicant

Roy D R Services Pty Limited

Fifth Respondent

Ray Yong Xu

Eighth Respondent

Zhixian Fan

Transferee

Procedural Posture

Class 4 Proceedings / Judgment on Contempt Notice of Motion

Legal Issues

  1. 1 Whether Roy D R Services Pty Limited and Ray Yong Xu are in contempt of the court order to cease use of premises as brothel.
  2. 2 Whether contempt was technical or wilful.
  3. 3 Appropriate punishment for contempt.

Ratio Decidendi

Roy D R Services Pty Limited was found to have wilfully disobeyed the court order by continuing to use the premises as a brothel up to 29 June 2005, constituting wilful contempt. The company, being the lessee and operator, was responsible. The contempt required punishment by fine and costs to uphold court authority.

Court Disposition

Contempt found against fifth respondent; eighth respondent dismissed.

Orders

  • The fifth respondent, Roy D R Services Pty Limited, is guilty of contempt as charged.
  • The fifth respondent, Roy D R Services Pty Limited, is fined the sum of $7,500.