Brisbane City Council v Windshuttel (No 2)

The Brisbane City Council sought an order for committal for contempt against Larry John Windshuttel for his failure to comply with a court order. The Council had previously obtained an order for remediation of a site in order to address drainage issues. The site was situated between two properties, one of which was owned by Windshuttel. Windshuttel had been given a deadline by which to submit a remediation plan, and had failed to do so. The Council argued that Windshuttel had breached the order by not complying with the requirements. Windshuttel argued that he had taken steps to comply with the order, and that the Council should be involved in the remediation process. The court considered the submissions from both parties and examined the evidence provided. The court found that Windshuttel had not adequately complied with the order and that the Council had not been involved in the remediation process as Windshuttel had suggested. The court decided that Windshuttel should be given another opportunity to comply with the order, but that the Council should not be involved in the remediation process. The court ordered that the warrant for committal for contempt be stayed for a further period of time, and that the Council respond to any proper plan submitted by Windshuttel within seven days.