Malass v Strathfield Municipal Council [2022] NSWLEC 131

Malass v Strathfield Municipal Council [2022] NSWLEC 131

Sarah Malass committed wilful contempt by allowing substantial unauthorized work at her property contrary to explicit court orders, despite being legally represented and aware of the orders; penalty imposed is a $20,000 fine reflecting moderate seriousness, deterrence, and denunciation, and fair basis for costs awarded to Council on an ordinary basis.

Parties
Applicant: Sarah Malass; Respondent: Strathfield Municipal Council
Jurisdiction
Australia
Judgment Date
02 November 2022
Procedural Posture
Class 1 Appeal Proceedings (contempt) / Sentencing After Guilty Plea
Outcome
Sarah Malass found guilty of civil contempt and fined; costs ordered in favour of Council on ordinary basis.
Legal Topics
Contempt of Court, Breach of Court Orders, Sentencing, Consistency in Sentencing, Land Development Controls
Environmental Law Planning Law Civil Procedure Contempt of Court Breach of Court Orders Sentencing Consistency in Sentencing Land Development Controls

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Parties

Sarah Malass

Applicant

Strathfield Municipal Council

Respondent

Procedural Posture

Class 1 Appeal Proceedings (contempt) / Sentencing After Guilty Plea

Legal Issues

  1. 1 Whether Sarah Malass is guilty of civil contempt for disobeying or failing to comply with specific court orders
  2. 2 Appropriate penalty for contempt
  3. 3 Fair basis for awarding costs

Ratio Decidendi

Sarah Malass committed wilful contempt by allowing substantial unauthorized work at her property contrary to explicit court orders, despite being legally represented and aware of the orders; penalty imposed is a $20,000 fine reflecting moderate seriousness, deterrence, and denunciation, and fair basis for costs awarded to Council on an ordinary basis.

Court Disposition

Sarah Malass found guilty of civil contempt and fined; costs ordered in favour of Council on ordinary basis.

Orders

  • Sarah Malass is fined the sum of $20,000 for contempt in failing to comply with specified court orders.
  • Sarah Malass is to pay the costs of Strathfield Municipal Council for the notice of motion for contempt filed 16 December 2021.