Queanbeyan-Palerang Regional Council v Banks (No 2) [2024] NSWLEC 99

Queanbeyan-Palerang Regional Council v Banks (No 2) [2024] NSWLEC 99

Mr Banks is guilty of three charges of contempt for wilful failure to comply with consent orders made on 1 December 2017 regarding cessation of storage use and removal of vehicles, goods, and structures at the Premises. His contempt is not technical but wilful at a low level of seriousness, taking into account reduced moral culpability because of his mental health and personal circumstances, the protracted delay, and the lack of remorse. General and specific deterrence justify a monetary penalty. His limited capacity to pay is considered. The Applicant's gross sum indemnity costs are appropriate given prolonged non-compliance. Substituted performance orders are justified against both...

Parties
Applicant: Queanbeyan-Palerang Regional Council; First Respondent: Wayne Banks; Second Respondent: Dianne Williamson
Jurisdiction
Australia
Judgment Date
02 October 2024
Procedural Posture
Civil Contempt (class 4) Land and Environment Court / Sentencing Following Findings of Contempt
Outcome
First Respondent convicted of contempt (three counts), fined, indemnity and gross sum costs orders made, substituted performance order made (with cost liability), Ms Williamson not convicted but subject to relevant substituted performance order.
Legal Topics
Contempt of Court, Sentencing for Civil Contempt, Costs (indemnity, Gross Sum), Substituted Performance Order, Breach of Court Orders
Environmental Law Civil Procedure Land Use Planning Contempt of Court Sentencing for Civil Contempt Costs (indemnity, Gross Sum) Substituted Performance Order Breach of Court Orders

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Parties

Queanbeyan-Palerang Regional Council

Applicant

Wayne Banks

First Respondent

Dianne Williamson

Second Respondent

Procedural Posture

Civil Contempt (class 4) Land and Environment Court / Sentencing Following Findings of Contempt

Legal Issues

  1. 1 What is the appropriate penalty for Mr Banks' contempt of court?
  2. 2 Should indemnity and gross sum costs orders be made against Mr Banks?
  3. 3 Should a substituted performance order be issued against the respondents, and who should be liable for its costs?

Ratio Decidendi

Mr Banks is guilty of three charges of contempt for wilful failure to comply with consent orders made on 1 December 2017 regarding cessation of storage use and removal of vehicles, goods, and structures at the Premises. His contempt is not technical but wilful at a low level of seriousness, taking into account reduced moral culpability because of his mental health and personal circumstances, the protracted delay, and the lack of remorse. General and specific deterrence justify a monetary penalty. His limited capacity to pay is considered. The Applicant's gross sum indemnity costs are appropriate given prolonged non-compliance. Substituted performance orders are justified against both...

Court Disposition

First Respondent convicted of contempt (three counts), fined, indemnity and gross sum costs orders made, substituted performance order made (with cost liability), Ms Williamson not convicted but subject to relevant substituted performance order.

Orders

  • First Respondent convicted of contempt of court (three counts) for non-compliance with 2017 consent orders.
  • First Respondent fined $15,000, payable to Council under s 694(1)(a) Local Government Act 1993 (NSW).