Brisbane City Council v Windshuttel

The Brisbane City Council sought to have Larry John Windshuttel punished for contempt for failing to comply with a court order that he cease an unlawful use of his property and remediate the site. The legal issues for the court to decide were whether Windshuttel had breached the court's order, whether this constituted contempt, and what penalty should be imposed if contempt was found. The court found that Windshuttel had indeed breached the order by continuing to use the property as a warehouse and bringing in trucks and shipping containers, contrary to the court's directions. The court also found that this constituted contempt of court. In imposing a penalty, the court considered previous cases where penalties for contempt had ranged from fines to imprisonment. Given Windshuttel's continued non-compliance and lack of cooperation, the court ordered that he be imprisoned for three months. The court granted Windshuttel liberty to apply to have the sentence suspended on the basis of good behaviour.

The final orders of the court were that Windshuttel be imprisoned for three months for contempt of the court's earlier order, that liberty be granted to apply to suspend the sentence on the basis of good behaviour, and that a conviction be recorded. The court noted that Windshuttel would have the right to approach the court to have the orders varied or set aside if he could show sufficient cause.