AVERINE BEATRIX JUSTELIUS v. PITTWATER COUNCIL [1998] NSWLEC 209 (24 July 1998) [1998] NSWLEC 19

AVERINE BEATRIX JUSTELIUS v. PITTWATER COUNCIL [1998] NSWLEC 209 (24 July 1998) [1998] NSWLEC 19

The Court did not proceed to determine the contempt allegation because the parties reached a consent settlement, resulting in new orders that superseded the previous undertaking.

Source-derived case information.

Parties
Respondent: Averine Beatrix Justelius; Applicant: Pittwater Council
Jurisdiction
Australia
Judgment Date
24 July 1998
Procedural Posture
Motion for Contempt / Resolution by Consent Orders
Outcome
orders by consent; undertaking set aside
Legal Topics
Contempt of Court, Enforcement of Undertakings, Settlement of Proceedings
Local Government Law Contempt of Court Enforcement of Undertakings Settlement of Proceedings

Source-derived case record

Summary, issues, holding and outcome

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Parties

Averine Beatrix Justelius

Respondent

Pittwater Council

Applicant

Procedural Posture

Motion for Contempt / Resolution by Consent Orders

Legal Issues

  1. 1 Whether Averine Beatrix Justelius committed contempt of court by failing to fulfil an undertaking given to the Court on 25 September 1997

Ratio Decidendi

The Court did not proceed to determine the contempt allegation because the parties reached a consent settlement, resulting in new orders that superseded the previous undertaking.

Court Disposition

orders by consent; undertaking set aside

Orders

  • Orders 1, 2, 3, and 4 as per the short minutes signed by both parties are made by consent.
  • The Court notes the matters contained in paragraphs 5 and 6 of the short minutes.