Camden Council v Rafailidis (No 5)

Land and Environment Court

New South Wales

Medium Neutral Citation:

Camden Council v Rafailidis (No 5) [2014] NSWLEC 85

Hearing dates:

25 June 2014

Decision date:

25 June 2014

Jurisdiction:

Class 4

Before:

Sheahan J

Decision:

(A) Efrem 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 August 2014, until the works the subject of the charge have been completed to Council's satisfaction.

(B) The costs order already made against Koula Rafailidis is amended to read: Koula Rafailidis is ordered to pay Council's costs of the contempt proceedings from 1 October 2013 until and including 23 May 2014, on an indemnity basis, as agreed or assessed according to law.

(C)Efrem Rafailidis is ordered to pay Council's costs of the contempt proceedings since 23 May 2014, on an indemnity basis, as agreed or assessed according to law.

Catchwords:

CONTEMPT: Defendant sentenced in his absence - no basis for more lenient penalty than already imposed on co-offender - indemnity costs.

Legislation Cited:

Land and Environment Court Act 1979
Land and Environment Court Rules 1979

Cases Cited:

Camden Council v Rafailidis [2012] NSWLEC 51
Camden Council v Rafailidis (No 3) [2012] NSWLEC 217
Camden Council v Rafailidis (No 4) [2014] NSWLEC 22
Ken Tugrul v Tarrants Financial Consultants Pty Limited (in liquidation) [No 2] [2013] NSWSC 1971
Rafailidis v Roads and Maritime Services (No 2) [2014] NSWLEC 9
Vincent Francis Stanizzo v Muhammad Badarne & Ors [2014] NSWSC 689

Category:

Sentence

Parties:

Camden Council (Prosecutor)
Efrem Rafailidis (1st Defendant)

Representation:

Mr C Campbell, solicitor (Prosecutor)
No appearance (1st Defendant)
Lindsay Taylor Lawyers (Prosecutor)
Defendants self-represented

File Number(s):

40855 of 2011

Judgment

Introduction

1. This matter returns to Court today for a sentencing hearing in respect of the 1st respondent/defendant, Efrem Rafailidis.

1. On 18 March 2014, the Court found him and the 2nd respondent/defendant, his wife Koula Rafailidis, guilty of contempt of Court, as a consequence of their disobedience of orders of the Court made on 18 September 2012.

1. The background facts of the contempt and the conviction of both defendants are fully canvassed in my previous judgment, Camden Council v Rafailidis (No 4) [2014] NSWLEC 22, and need not be repeated here.

1. Essentially the defendants failed to honour an undertaking given to the Council in 2008, and then disobeyed conditions of development consent requiring them to obtain approval for demolition of an old dwelling on their land, following completion of a new one.

1. They subsequently disobeyed notices and orders issued by the Council, and orders made by this Court in support of those Council orders. Eventually this Court granted, in 2012, approval to the retention of the old dwelling, but on quite stringent conditions as to its modification.

1. In his judgment of 18 September 2012 (Camden Council v Rafailidis (No 3) [2012] NSWLEC 217), Biscoe J extended the compliance period to 4 July 2013, but compliance has…