Land and Environment Court
New South Wales
- Amendment notes
Medium Neutral Citation: Camden Council v Rafailidis (No 4) [2014] NSWLEC 22 Hearing dates: 18 March 2014 Decision date: 18 March 2014 Jurisdiction: Class 4 Before: Sheahan J Decision: (1)Efrem Rafailidis is found guilty of contempt, and convicted of that charge.
(2)Koula Rafailidis is found guilty of contempt, and convicted of that charge.
(3)Council is directed to bring this judgment to the personal notice of Efrem Rafailidis, and is granted liberty to approach the Registrar not earlier than 28 days from today and on seven days' notice to Efrem Rafailidis with a view to the fixing of a date for his sentencing hearing.
(4)Koula Rafailidis is fined $10,000, payable to the Registrar pursuant to the Fines Act 1996, plus a monthly fine of $2,000 payable on the first calendar day of each month on and from 1 June 2014, until the works the subject of the charge have been completed to Council's satisfaction.
(5)Koula Rafailidis is ordered to pay Council's costs of these contempt proceedings, on and since 1 November 2013, on an indemnity basis, as agreed or assessed according to law.
(6)The Council's exhibit will remain on the Court file.
Catchwords: CONTEMPT: Disobedience of Court orders Legislation Cited: Environmental Planning and Assessment Act 1979
Fines Act 1996
Local Government Act 1993
Camden Local Environmental Plan 2010Cases Cited: Ainsworth v Hanrahan (1991) 25 NSWLR 155
Attorney-General (NSW) v John Fairfax & Sons Ltd [1980] 1 NSWLR 362
Attorney-General v Times Newspapers Ltd [1992] 1 AC 191
Australasian Meat Industry Employees' Union v Mudginberri Station Proprietary Limited (1986) 161 CLR 98
Burwood Council v Ruan [2008] NSWLEC 167
Camden Council v Rafailidis [2012] NSWLEC 51
Camden Council v Rafailidis [2012] NSWLEC 125
Camden Council v Rafailidis [2012] NSWLEC 217
Fairclough & Sons v Manchester Ship Canal Co (1897) 41 Sol Jo 225 (CA)
Greater Hume Shire Council v J & L Cauchi Civil Contracting Pty Ltd [2006] NSWLEC 738
Hawkesbury City Council v Foster (1997) 97 LGERA 12
Lade & Co. Pty Limited v Black [2006] 2 Qd R 531
M v Home Office [1994] 1 AC 377
Pelechowski v The Registrar, Court of Appeal (NSW) (1999) 198 CLR 435
Registrar of the Court of Appeal v Maniam [No 2] (1992) 26 NSWLR 309
Stancomb v Trowbridge Urban Council [1910] 2 Ch 190
Witham v Holloway (1995) 183 CLR 525
Wollondilly Shire Council v 820 Cawdor Road Pty Ltd [2012] NSWLEC 71Category: Principal judgment Parties: Camden Council (Applicant)
Efrem Rafailidis (1st Respondent)
Koula Rafailidis (2nd Respondent)Representation: Mr C Campbell, solicitor (Applicant)
No appearance (1st Respondent)
Second Respondent in person
Lindsay Taylor Lawyers (Applicant)
No appearance (1st Respondent)
Self represented (2nd Respondent)
File Number(s): 40855 of 2011
Judgment
The Charge of Contempt
Koula and Efrem Rafailidis were charged, on 12 November 2013, with contempt of court, in respect of three sets of orders made and varied by this Court during 2012. The charge was framed in the following terms:
The…
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- Case
- [2014] NSWLEC 22
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
(1)Efrem Rafailidis is found guilty of contempt, and convicted of that charge.
(2)Koula Rafailidis is found guilty of contempt, and convicted of that charge.
(3)Council is directed to bring this judgment to the personal notice of Efrem Rafailidis, and is granted liberty to approach the Registrar not earlier than 28 days from today and on seven days' notice to Efrem Rafailidis with a view to the fixing of a date for his sentencing hearing.
(4)Koula Rafailidis is fined $10,000, payable to the Registrar pursuant to the Fines Act 1996, plus a monthly fine of $2,000 payable on the first calendar day of each month on and from 1 June 2014, until the works the subject of the charge have been completed to Council's satisfaction.
(5)Koula Rafailidis is ordered to pay Council's costs of these contempt proceedings, on and since 1 November 2013, on an indemnity basis, as agreed or assessed according to law.
(6)The Council's exhibit will remain on the Court file.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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