Land and Environment Court
New South Wales
Medium Neutral Citation: Jeray v Blue Mountains City Council [2011] NSWLEC 28 Hearing dates: 31 January 2011, 1 February 2011, 4 February 2011 Decision date: 04 March 2011 Before: Craig J Decision: 1. The respondent is acquitted of each of the charges that are the subject of the statement of charge appended to the applicant's notice of motion of 1 October 2010
2. The applicant's notice of motion dated 1 October 2010 is dismissed
3. The applicant is to pay the respondent's costs of the notice of motion dated 1 October 2010 in so far as that notice of motion charged the respondent with contempt
4. The exhibits may be returned
Catchwords: PROCEDURE:- contempt - what constitutes - failure to produce a single document under notice to produce - distinction between notice to produce under UCPR 21.10 and UCPR 34.1 - whether failure to produce documents contempt - whether failure to produce has same effect as failure to comply with subpoena UCPR 33.12 - no equivalent provision for notice to produce - failure to prove beyond reasonable doubt that failure to produce was not casual, accidental or unintentional - contempt not proved Legislation Cited: Civil Procedure Act 2005
Land and Environment Court Rules 2007
Local Government Act 1993
Supreme Court Rules 1970
Uniform Civil Procedure Rules 2005Cases Cited: AMIEU v Mudginberri Station Pty Ltd [1986] HCA 46; (1986) 161 CLR 98
Anton Piller KG v Manufacturing Processes Ltd [1976] Ch 55
Caroona Coal Action Group Inc v Coal Mines Australia Pty Ltd and Minister for Mineral Resources (No 3) [2010] NSWLEC 59; (2010) 173 LGERA 280
CCOM Pty Ltd v Jiejing Pty Ltd (1992) 37 FCR 1
Environment Protection Authority v Pannowitz (No.2) [2006] NSWLEC 797; (2006) 153 LGERA 126
Jeray v Blue Mountains City Council [2010] NSWLEC 123
Jeray v Blue Mountains City Council [2010] NSWLEC 139
Markisic v Commonwealth of Australia [2007] NSWCA 92; (2007) 69 NSWLR 737
Mosman Council v Kelly (No 3) [2009] NSWLEC 92; (2009) 167 LGERA 91
Norris v Kandiah [2007] NSWSC 1296
Patonga Beach Holdings Pty Ltd v Lyons [2009] NSWSC 869
Pelechowski v Registrar, Court of Appeal (NSW) [1999] HCA 19; (1999) 198 CLR 435
Pyoja Pty Ltd v 284 Bronte Road Developments Pty Ltd [2006] NSWSC 831
Registrar of the Court of Appeal v Maniam [No 2] (1992) 26 NSWLR 309
Spencer Motors Pty Ltd v L&C Industries Ltd (1982) 2 NSWLR 921
Witham v Holloway [1995] HCA 3; (1995) 183 CLR 525Category: Principal judgment Parties: Ivan Jeray (Applicant)
Blue Mountains City Council (Respondent)Representation: Counsel:
N/A (Applicant)
I J Hemmings (Respondent)
Solicitors:
Self-represented (Applicant)
Marsdens Law Group (Respondent)
File Number(s): 40517 of 2010
Judgment
Ivan Jeray commenced proceedings in this Court against Blue Mountains City Council ( the Council ) in June 2010. Mr Jeray is a self-represented litigant.
By his amended statement of claim, Mr Jeray seeks some seven declarations. Those declarations are…
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- Case
- [2011] NSWLEC 28
- Decision Date
CaseChat Overview and Summary
The court found that the respondent had, in fact, complied with the prior court order. As a result, the council could not be held in contempt. The court emphasised that the evidence presented did not support the claim of non-compliance. Furthermore, the court considered Jeray's notice of motion and determined that it was not substantiated by the evidence. The court concluded that Jeray's application was without merit and should be dismissed. The court also ordered Jeray to pay the respondent's costs associated with the notice of motion, to the extent that it charged the respondent with contempt. Finally, the exhibits were to be returned to the respondent.
Orders
Orders of the court
1. The respondent is acquitted of each of the charges that are the subject of the statement of charge appended to the applicant's notice of motion of 1 October 2010
2. The applicant's notice of motion dated 1 October 2010 is dismissed
3. The applicant is to pay the respondent's costs of the notice of motion dated 1 October 2010 in so far as that notice of motion charged the respondent with contempt
4. The exhibits may be returned
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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