Randwick City Council v Athens (No 3)

[2004] NSWLEC 49

Land and Environment Court

of New South Wales

CITATION:

Randwick City Council v Athens and Anor (No 3) [2004] NSWLEC 49

PARTIES:

APPLICANT
Randwick City Council

FIRST RESPONDENT
Peta Athens

SECOND RESPONDENT
Athens Holdings Pty Limited (ACN 001 166 552)

FILE NUMBER(S):

40097 of 2000

CORAM:

Cowdroy J

KEY ISSUES:

Contempt :- obligation to evidence - objection overruled.

LEGISLATION CITED:

Evidence Act 1995, s 136

CASES CITED:

DATES OF HEARING:

28/01/2004; 29/01/2004; 30/01/2004

EX TEMPORE
JUDGMENT DATE :

01/30/2004

LEGAL REPRESENTATIVES:

APPLICANT
Mr A. Thompson (Barrister)

SOLICITORS
Bowen & Gerathy

RESPONDENT
Mr M. Ramage QC

SOLICITORS
Levitt Robinson Solicitors and Associates

JUDGMENT:

IN THE LAND AND

ENVIRONMENT COURT

OF NEW SOUTH WALES

40097 of 2000

Cowdroy J

30 January 2004

Randwick City Council

Applicant
v

Peta Athens

First Respondent

Athens Holding Pty Limited (ACN 001 166 552)

Second Respondent

Judgment [No. 3 Interlocutory]

Introduction

1 An application has been made that the Court exclude the content of paragraph 5 of the affidavit of David Mulcahy on the basis that it may be unfairly prejudicial to the alleged contemnors.

2 The Court notes that by letter dated 14 January 2004 the solicitors for the respondents acknowledged that the affidavit of Mr David Mulcahy would be relied upon together with other affidavits. No objection was taken, nor any foreshadowed issue concerning the matter to which objection has been taken.

3 Accordingly, the Court does not consider it appropriate to accede to the request which is now made that the Court exclude it under s 136 of the Evidence Act 1995. For this reason, the application is rejected.