Franco v Mazzetti (No 3)

Case [2024] NSWLEC 42


Land and Environment Court


New South Wales

  • Amendment notes
Medium Neutral Citation: Franco v Mazzetti (No 3) [2024] NSWLEC 42
Hearing dates: 11 April 2024
Date of orders: 26 April 2024
Decision date: 26 April 2024
Jurisdiction:Class 2
Before: Pritchard J
Decision:

The Court makes the following orders:

(1) The respondent, Ms Ozlem Mazzetti, is guilty of contempt for failing to comply with order 3 of the Court’s orders made on 24 February 2022 in proceeding 236725 of 2021.

(2) Pursuant to Part 55, Division 4, rule 13 of the Supreme Court Rules 1970 (NSW), the respondent is fined $500 for failure to comply with order 3 of the Court’s orders made on 24 February 2022 in proceeding 236725 of 2021.

Catchwords:

CONTEMPT — notice of motion seeking civil contempt conviction — charge of failure to comply with two court orders made pursuant to the Trees (Disputes Between Neighbours) Act 2006 (NSW) — ex parte hearing

SENTENCE — contempt — failure to comply with court orders — lower end of seriousness — fine imposed — ex parte hearing

COSTS — whether the applicant should be awarded costs in respect of the contempt proceedings — no order as to costs

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 21A

Evidence Act 1995 (NSW) s 78

Fines Act 1996 (NSW) s 6

Land and Environment Court Act 1979 (NSW) s 5

Trees (Disputes Between Neighbours) Act 2006 (NSW) ss 7, 12

Land and Environment Court Rules 2007 (NSW) r 6.3

Supreme Court Rules 1970 (NSW) Pt 55

Uniform Civil Procedure Rules 2005 (NSW) r 10.14

Cases Cited:

Atanaskovic v Birketu Pty Ltd [2023] NSWCA 312 Bell Lawyers Pty Ltd v Pentelow (2019) 269 CLR 233; [2019] HCA 29

Blacktown City Council v Hambly (No 2) [2023] NSWLEC 91

Blacktown City Council v Hambly (No 3) [2023] NSWLEC 141

Cachia v Hanes (1994) 179 CLR 403; [1994] HCA 14

Canterbury City Council v Ali Ahmed [2016] NSWLEC 160

Council of the City of Sydney v The Owners of Strata Plan 18820 [2017] NSWLEC 81

Dowling v Prothonotary of the Supreme Court of New South Wales (2018) 99 NSWLR 229; [2018] NSWCA 340

Evans v Citibank Ltd [2000] NSWSC 1017

Franco v Mazzetti [2022] NSWLEC 1090

Georges River Council v Hamade [2023] NSWLEC 71

Globaltel Australia Pty Ltd v MCI Worldcom Australia Pty Ltd [2001] NSWSC 545

Jones v Stephenson [2020] NSWLEC 154

Jones v Stephenson [2022] NSWLEC 36

Latoudis v Casey (1990) 170 CLR 534; [1990] HCA 59

Liverpool Plains Shire Council v Rumble (No 3) (2014) 205 LGERA 170; [2014] NSWLEC 139

Prothonotary of the Supreme Court of NSW v A [2017] NSWSC 495

Smith v The Queen (1991) 25 NSWLR 1; (1991) 56 A Crim R 148

Sutherland Shire Council v Perdikaris [2020] NSWLEC 111

Tri Huu Pham v Emile Papaioannou [2019] NSWLEC 180

Witham v Holloway (1995) 183 CLR 525; [1995] HCA 3

Wood v Staunton (No 5) (1996) 86…

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AGLC
Franco v Mazzetti (No 3) [2024] NSWLEC 42
Case
[2024] NSWLEC 42
Decision Date

CaseChat Overview and Summary

Franco v Mazzetti (No 3) was a case heard in the Supreme Court of New South Wales. The respondent, Ms Ozlem Mazzetti, was found guilty of contempt for failing to comply with an order made in a previous proceeding. The dispute arose from an earlier matter between the parties, which had resulted in specific orders being made by the Court. The central issue before the Court was whether Ms Mazzetti had deliberately disregarded the Court's orders, warranting a finding of contempt and appropriate sanctions.

The Court considered the nature and purpose of the original orders, which were intended to ensure compliance with specific obligations. It examined whether Ms Mazzetti had intentionally failed to comply with these orders, despite being fully aware of them. The Court also assessed the seriousness of the breach and the potential deterrent effect of imposing sanctions. Ultimately, the Court found that Ms Mazzetti had indeed failed to comply with the orders, thereby committing an act of contempt.

In light of the findings, the Court imposed a fine of $500 on Ms Mazzetti as a sanction for her failure to comply with the orders. This decision underscores the importance of adhering to Court orders and the potential consequences of non-compliance. The Court's orders serve as a reminder of the legal obligations that must be fulfilled, and the seriousness with which the Court regards breaches of its authority.

Orders

Orders of the court

The Court makes the following orders:

(1) The respondent, Ms Ozlem Mazzetti, is guilty of contempt for failing to comply with order 3 of the Court’s orders made on 24 February 2022 in proceeding 236725 of 2021.

(2) Pursuant to Part 55, Division 4, rule 13 of the Supreme Court Rules 1970 (NSW), the respondent is fined $500 for failure to comply with order 3 of the Court’s orders made on 24 February 2022 in proceeding 236725 of 2021.

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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