Blacktown City Council v Jason Gabriel Saker (No 3)

Blacktown City Council sought a declaration and injunction against the respondent for contravening a final order of the Local Court. The dispute was heard by the Supreme Court of New South Wales, Equity Division. The Council alleged that the respondent had not complied with a final order requiring him to remove a caravan from a piece of land. The respondent denied the allegations.

The legal issues for the court to determine included whether the respondent had breached the final order and, if so, whether he was in contempt of court. The court had to consider the respondent's argument that he had acted in good faith and the nature of the contempt, whether civil or criminal, had to be decided. The court also had to consider the appropriate remedy.

The court found that the respondent had breached the final order and was in contempt of court. The court rejected the respondent's argument that he had acted in good faith as he had not made any effort to remove the caravan. The court determined that the contempt was civil in nature as it did not involve any disrespect towards the court. The court ordered that the respondent was in contempt of court and directed that he pay a penalty of $3000. The court also ordered the respondent to remove the caravan from the land within 14 days.