Snowy Monaro Regional Council v Cmunt (No 2) [2018] NSWLEC 136

Snowy Monaro Regional Council v Cmunt (No 2) [2018] NSWLEC 136

The Respondents were aware of the court's orders, remained in continuous occupation, and continued keeping dogs in breach of the specific order; evidence demonstrated deliberate and serious contempt; substituted performance and penalty orders were appropriate remedies to terminate offending behaviour, deter further breaches, and uphold administration of justice.

Jurisdiction
Australia
Judgment Date
31 August 2018
Procedural Posture
Contempt Proceedings / Principal Judgment and Orders
Outcome
Convictions and fines imposed for contempt; substituted performance order granted; daily penalties for continued breaches; costs awarded to Council.
Legal Topics
['contempt of Court' 'enforcement of Court Orders' 'dog Control' 'noise Nuisance']
['environmental Law' 'civil Procedure'] ['contempt of Court' 'enforcement of Court Orders' 'dog Control' 'noise Nuisance']

Case Brief

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Procedural Posture

Contempt Proceedings / Principal Judgment and Orders

Legal Issues

  1. 1 ['Whether the Respondents breached court orders by keeping dogs on their property' 'Whether substituted performance order allowing Council to seize and remove dogs should be made' 'Appropriate penalties for contempt']

Ratio Decidendi

The Respondents were aware of the court's orders, remained in continuous occupation, and continued keeping dogs in breach of the specific order; evidence demonstrated deliberate and serious contempt; substituted performance and penalty orders were appropriate remedies to terminate offending behaviour, deter further breaches, and uphold administration of justice.

Court Disposition

Convictions and fines imposed for contempt; substituted performance order granted; daily penalties for continued breaches; costs awarded to Council.

Orders

  • ['Marie Cmunt convicted of contempt.' 'Jiri Cmunt convicted of contempt.' 'Marie Cmunt fined $15,000.' 'Jiri Cmunt fined $5,000.' 'Council permitted, after 49 days, to seize and remove any dogs kept on 12 Kiparra Drive Berridale NSW while occupied by Respondents.' 'If after 60 days Marie Cmunt keeps dogs, daily...