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Blacktown City Council v Saker (No 2)

Blacktown City Council v Saker (No 2)

Case [2018] NSWLEC 71

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AGLC: Blacktown City Council v Saker (No 2) [2018] NSWLEC 71
Case: [2018] NSWLEC 71
Decision Date: 10 May 2018

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See orders at [126]-[127]

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Citations

Blacktown City Council v Saker (No 2) [2018] NSWLEC 71

Most Recent Citation

Penrith City Council v Dincel Construction System Pty Limited (No 4) [2021] NSWLEC 1

Cases Citing This Decision

Blacktown City Council v Hambly (No 2) [2023] NSWLEC 91
Citation 1 (Para 31)

…ontempt in the absence of the respondent. His Honour was satisfied that the respondent had been duly notified of the proceedings and the listing. 17. [2018] NSWLEC 71 (Molesworth AJ).…
Blacktown City Council v Jason Gabriel Saker (No 4) [2022] NSWLEC 80
Citation 2 (Para 3)

…ed in Saker (No 3) (at [2]). In summary, Saker has failed to comply with orders 2 and 3 made by this Court in Blacktown City Council v Saker (No 2) [2018] NSWLEC 71 (“the final orders”). Those final orders required Saker to ( Saker (No 3) at [36]):…
Blacktown City Council v Jason Gabriel Saker (No 3) [2021] NSWLEC 148
Citation 3 (Para 5)

…re found in earlier judgments of the Court in this matter ( Blacktown City Council v Saker [2017] NSWLEC 46 and Blacktown City Council v Saker (No 2) [2018] NSWLEC 71).…
Queanbeyan-Palerang Regional Council v O'Connell [2021] NSWLEC 19
Citation 4 (Para 147)

…in order to mark the Court’s disapproval of the conduct that has occurred, which is proscribed by Parliament: Blacktown City Council v Sakar (No 2) [2018] NSWLEC 71 at [92]; Inner West Council v Balmain Rentals Pty Ltd [2019] NSWLEC 24 at [36].…
Penrith City Council v Dincel Construction System Pty Limited (No 4) [2021] NSWLEC 1
Citation 5 (Para 106)

…in order to mark the Court’s disapproval of the conduct that has occurred which is proscribed by Parliament: Blacktown City Council v Sakar (No 2) [2018] NSWLEC 71 at [91]; Inner West Council v Balmain Rentals Pty Ltd [2019] NSWLEC 24 at [36]. In Great Lakes Council v Lani [2007] NSWLEC 681; (2007) 158 LGERA 1, Pr…

Cases Cited

Statutory Material Cited

Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd [1988] FCA 364
Citation 1

…award indemnity costs, however, where a party, properly advised, should have known that it had no chance of success ( Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 at 401 per Woodward J). Indemnity costs may also be awarded if there is an element of abuse of process, or the proceedings have been maint…
Ross v Lane Cove Council [2017] NSWCA 299
Citation 2 (Para 20)

…r the remediation of the Land by the Respondent, and thus their interests are liable to be affected (citing Ross v Lane Cove Council [2014] NSWCA 50; (2014) 86 NSWLR 34).…
Ross v Lane Cove Council [2014] NSWCA 50
Citation 3 (Para 20)

…y seeks orders for the remediation of the Land by the Respondent, and thus their interests are liable to be affected (citing Ross v Lane Cove Council [2014] NSWCA 50; (2014) 86 NSWLR 34).…
Piscopo v Not Lawyers [2008] FCA 1907
Citation 4

…perly advised, should have known that it had no chance of success ( Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 at 401 per Woodward J). Indemnity costs may also be awarded if there is an element of abuse of process, or the proceedings have been maintained for s…
Foots v Southern Cross Mine Management Pty Ltd [2007] HCA 56
Citation 5 (Para 98)

…lity prior to the bankruptcy. This interpretation was supported by the decision of the High Court in Foots v Southern Cross Mine Management Pty Ltd [2007] HCA 56, which dealt with circumstances in which judgment in a commercial dispute was handed down (but the matter of costs not yet decided upon) prior to the a…
Ainger v Coffs Harbour City Council (No 2) [2007] NSWCA 212
Citation 6 (Para 103)

…ng Horseshoe Pastoral Co Pty Ltd v Murray Smith trading as South Coast Tile and Slate Co [1995] NSWCA 200; Ainger v Coffs Harbour City Council (No 2) [2007] NSWCA 212 at [29]).…
Ostrowski v Palmer [2004] HCA 30
Citation 7 (Para 111)

…rity. Thirdly, a basic tenet of our Australian legal system is that ignorance of the law is no excuse. (See Ostrowski v Palmer (2004) 218 CLR 493, [2004] HCA 30 at [1]-[2]; Liverpool City Council v Tirnova [2017] NSWLEC 138 at [143]). Fourthly, it is simply too convenient, too self-serving, for the Respondent to…
LMI Australasia Pty Ltd v Baulderstone Hornibrook Pty Ltd [2003] NSWCA 74
Citation 8 (Para 108)

…es of the Roman Catholic Church for the Archdiocese of Sydney (No. 2) [1999] NSWCA 133, LMI Australasia Pty Ltd v Baulderstone Hornibrook Pty Ltd [2003] NSWCA 74 at [108], [119]). I shall consider each of the matters raised by the council in turn.…
Wilkie v Blacktown City Council [2002] NSWCA 284
Citation 9 (Para 88)

…elf did not carry out the works and that the works were carried out against his wishes. The Applicant Council, citing Wilkie v Blacktown City Council [2002] NSWCA 284, noted that merely “permitting or suffering” or “permitting or allowing” activities which contravene a breach cannot, without more, authorise the mak…
Nobrega v Trustees of the Roman Catholic Church for the Archdiocese of Sydney (No 2) [1999] NSWCA 133
Citation 10

…departed from where the conduct is “plainly unreasonable” ( Nobrega v Trustees of the Roman Catholic Church for the Archdiocese of Sydney (No. 2) [1999] NSWCA 133, LMI Australasia Pty Ltd v Baulderstone Hornibrook Pty Ltd [2003] NSWCA 74 at [108], [119]). I shall consider each of the matters raised by the council i…
Horseshoe Pastoral Co Pty Ltd v Murray Smith Trading as South Coast Tile Andslate Co [1995] NSWCA 200
Citation 11 (Para 103)

…seek indemnity costs, that requirement is not necessary (citing Horseshoe Pastoral Co Pty Ltd v Murray Smith trading as South Coast Tile and Slate Co [1995] NSWCA 200; Ainger v Coffs Harbour City Council (No 2) [2007] NSWCA 212 at [29]).…
Rosniak v Government Insurance Office of NSW [1998] HCATrans 78
Citation 12 (Para 102)

…uiring that one party be ethically or morally delinquent, or that the conduct need be vexatious (relying on Rosniak v Government Insurance Office (1997) 41 NSWLR 608 at 616; Maule v Liporoni (No 2) [2002] NSWLEC 140, 122 LGERA 216 at [36]-[37]).…
MGICA (1992) Pty Ltd v Kenny & Good Pty Ltd (No 2) [1996] FCA 862
Citation 13

…intained for some ulterior or extraneous purpose, or there is some evidence of unreasonable conduct ( MGICA (1992) Ltd v Kenny & Good Pty Ltd (No. 2) (1996) 70 FCR 236 at 240-241). As to unreasonable conduct, the ordinary basis for costs orders should only be departed from where the conduct is “plainly unreasonable”…
Marshall Rural Pty Ltd v Basscave Pty Ltd (No 3) [2018] NSWLEC 62
Citation 14 (Para 118)

…In my recent judgment in Marshall Rural Pty Ltd v Basscave Pty Ltd (No 3) [2018] NSWLEC 62, I had cause to examine these and other authorities regarding the making of a declaration in circumstances where breach has been established and consequential orders, in addition to a declaration, are sought. At [36] and then…
Liverpool City Council v Tirnova [2017] NSWLEC 138
Citation 15 (Para 111)

…is that ignorance of the law is no excuse. (See Ostrowski v Palmer (2004) 218 CLR 493, [2004] HCA 30 at [1]-[2]; Liverpool City Council v Tirnova [2017] NSWLEC 138 at [143]). Fourthly, it is simply too convenient, too self-serving, for the Respondent to vaguely suggest he intended to carry out flood mitigation work…
Blacktown City Council v Saker [2017] NSWLEC 46
Citation 16 (Para 11)

…why his Honour considered it just and appropriate that the interlocutory injunction should be maintained (see Blacktown City Council v Saker and Ors [2017] NSWLEC 46).…
Lake Macquarie City Council v Australian Native Landscapes Pty Ltd (No 2) [2015] NSWLEC 114
Citation 17 (Para 92)

…Sporting Venues Authorities Act 2008 (No 4) [2011] NSWLEC 6 at [15]-[23]; Lake Macquarie City Council v Australian Native Landscapes Pty Ltd (No 2) [2015] NSWLEC 114 at [203]-[217]). The Applicant argued that these circumstances exist in relation to this matter and as such, the grant of declaratory relief against th…
Hill Top Residents Action Group Inc v Minister Administering the Sporting Venues Authorities Act 2008 (No 4) [2011] NSWLEC 6
Citation 18 (Para 92)

…scribed by Parliament (as discussed in Hill Top Residents Action Group Inc v Minister Administering the Sporting Venues Authorities Act 2008 (No 4) [2011] NSWLEC 6 at [15]-[23]; Lake Macquarie City Council v Australian Native Landscapes Pty Ltd (No 2) [2015] NSWLEC 114 at [203]-[217]). The Applicant argued that th…
Adams v Fairfield City Council [2010] NSWLEC 81
Citation 19 (Para 98)

…e Respondent was subject on the date of his bankruptcy. In support of this contention, the Applicant Council relied on Adams v Fairfield City Council [2010] NSWLEC 81, in which Craig J held, in the circumstances of a notice of motion seeking costs against a party, filed prior to that party’s bankruptcy, that there…
Great Lakes Council v Lani [2007] NSWLEC 681
Citation 20 (Para 91)

…The Applicant acknowledged that, while the Court will not always grant declaratory relief (as discussed by Preston J in Great Lakes Council v Lani [2007] NSWLEC 681; (2007) 158 LGERA 1 at [19]-[25]), it may be appropriate to do so in certain circumstances.…
Canterbury City Council v Roads and Traffic Authority of New South Wales [2004] NSWLEC 536
Citation 21 (Para 100)

…As to whether such an order ought to be made, the Applicant Council relied on Canterbury City Council v RTA (No 2) [2004] NSWLEC 536, a matter in which indemnity costs were sought on the basis of alleged unreasonable conduct by a respondent, and in which Lloyd J discussed, at [9], relevant principles:…
Maule v Liporoni (No 2) [2002] NSWLEC 140
Citation 22 (Para 102)

…uent, or that the conduct need be vexatious (relying on Rosniak v Government Insurance Office (1997) 41 NSWLR 608 at 616; Maule v Liporoni (No 2) [2002] NSWLEC 140, 122 LGERA 216 at [36]-[37]).…

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