Sutherland Shire Council v Perdikaris [2020] NSWLEC 111

Sutherland Shire Council v Perdikaris [2020] NSWLEC 111

Mr Perdikaris wilfully failed to comply with the Court’s order to demolish the illegal garage and concrete slab, causing ongoing harm to amenity and breaching planning controls; the contempt is objectively serious and warrants a fine of $10,000, suspended for three months to allow compliance; if non-compliance persists, Council is directed to perform demolition with costs payable by Mr Perdikaris.

Parties
Applicant: Sutherland Shire Council; Respondent: Vasilios Perdikaris
Jurisdiction
Australia
Judgment Date
28 July 2020
Procedural Posture
Civil Enforcement Contempt / Final Judgment Following Motion to Enforce Compliance With Previous Court Orders
Outcome
Mr Perdikaris found in contempt; fined $10,000, with punishment suspended for three months conditional on demolition; substituted performance directed; respondent to pay costs (indemnity basis).
Legal Topics
Illegal Construction, Development Consent, Court Order Enforcement, Civil Contempt, Substituted Performance, Indemnity Costs
Environmental Law Civil Enforcement Contempt of Court Illegal Construction Development Consent Court Order Enforcement Civil Contempt Substituted Performance +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 21 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Sutherland Shire Council

Applicant

Vasilios Perdikaris

Respondent

Procedural Posture

Civil Enforcement Contempt / Final Judgment Following Motion to Enforce Compliance With Previous Court Orders

Legal Issues

  1. 1 Whether Mr Perdikaris is in contempt for failing to comply with the Court's order to demolish the garage and concrete slab
  2. 2 Appropriate punishment for contempt
  3. 3 Whether substituted performance is appropriate (Council to demolish)

Ratio Decidendi

Mr Perdikaris wilfully failed to comply with the Court’s order to demolish the illegal garage and concrete slab, causing ongoing harm to amenity and breaching planning controls; the contempt is objectively serious and warrants a fine of $10,000, suspended for three months to allow compliance; if non-compliance persists, Council is directed to perform demolition with costs payable by Mr Perdikaris.

Court Disposition

Mr Perdikaris found in contempt; fined $10,000, with punishment suspended for three months conditional on demolition; substituted performance directed; respondent to pay costs (indemnity basis).

Orders

  • Mr Vasilios Perdikaris is fined the sum of $10,000 for contempt in failing to comply with the Court’s order made on 16 October 2019.
  • Punishment (fine) suspended upon condition Mr Perdikaris demolish the garage and concrete slab at 1 Penmon Close, Menai by 27 October 2020.