Pittwater Council v Ryan

[2000] NSWLEC 129

Land and Environment Court

of New South Wales

CITATION:	Pittwater Council v Ryan [2000] NSWLEC 129
PARTIES:	APPLICANT: Pittwater Council RESPONDENT: Daniel Patrick Ryan
FILE NUMBER(S):	40077 of 1996
CORAM:	Lloyd J
KEY ISSUES:	Contempt :- respondent in breach of Court's orders for one-and-a-half years - guilty of contempt - penalty
LEGISLATION CITED:
CASES CITED:
DATES OF HEARING:	10/04/2000
EX TEMPORE JUDGMENT DATE :	04/10/2000
LEGAL REPRESENTATIVES:	APPLICANT: A E Galasso (barrister) SOLICITORS: Mallesons Stephen Jaques RESPONDENT: D P Ryan (in person) SOLICITORS: N/A

JUDGMENT:

1

IN THE LAND AND Matter No: 40077 of 1996

ENVIRONMENT COURT Coram: Lloyd J

OF NEW SOUTH WALES Decision date: 10 April 2000

Pittwater Council

Applicant

v

Daniel Patrick Ryan

Respondent

EXTEMPORE JUDGMENT

HIS HONOUR:

1. This is a notice of motion for a declaration that “ the respondent has not complied with orders made by the Court on 15 December 1997 ”. Those orders were made apparently as a result of works being done without development consent. The orders, in effect, sought the reinstatement of land to a satisfactory condition.

2. The orders of the Court on 15 December 1997 required the respondent, within nine (9) months of that date, to carry out certain works specified in the orders. That is to say, the due date for the completion of the works pursuant to the orders was 15 September 1998. On 15 November 1999 the present notice of motion was filed. The matter came before me on 28 February this year and was stood over to today to allow the respondent more time to complete the works. The works have now been substantially completed and it is appropriate that I now finally dispose of the notice of motion.

3. The fact remains that for some one-and-a-half years the respondent was in breach of the Court's orders. The orders made by a Court are intended to be complied with and it is a serious matter when a person disregards such orders. Respect for and observance of Court’s orders is essential and the breach requires a penalty to reflect the seriousness of such breach. Mr Ryan informs me that he was unaware of the full extent of the works when the orders were made and he also informed me on the last occasion, when the motion was before the court, that he needed more time to do the works. He agreed, however, by the consent orders to do the works within a period of nine (9) months. I am satisfied that the respondent has failed to comply with the Court’s orders and is thus guilty of contempt of Court.

4. It is, in my view, appropriate that the following declaration and orders should be made in this case.

1. I make the declaration as in paragraph 1 of the notice of motion.

2. The respondent must pay the applicant's costs of the notice of motion.

3. The respondent must pay a penalty for contempt in the sum of $15,000.