Randwick City Council v Athens (No. 7)

[2004] NSWLEC 213

Land and Environment Court

of New South Wales

CITATION:

Randwick City Council v Athens and Anor (No. 7) [2004] NSWLEC 213

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 :- order restraining use of premises for backpackers accommodation - order requiring removal of doors and restoration of garages for the purpose of carparking.

LEGISLATION CITED:

Environmental and Planning and Assessment Act 1979, s124AA
Land and Environment Court Act 1979, s 20(4), s 67
Land and Environment Court Rules 1996, Pt 6 r 2
Randwick Local Environment Plan 1998, cl 49
Supreme Court Act 1970
Supreme Court Rules 1970, Pt 42, Pt 55

CASES CITED:

Australasian Meat Industry Employees' Union and Ors v Mudginberri Station Proprietary Limited (1986) 161 CLR 98;
Australian Consolidated Press Limited v Morgan (1964-1965) 112 CLR 483;
O'Shea v O'Shea and Parnell; Ex parte Tuohy (1890) 15 PD 59;
Randwick City Council v Athens and Anor (No. 1) [2004] NSWLEC 23;
South Sydney City Council v Sharpe, Bignold J, Land and Environment Court of New South Wales, 20 April 1998;
Tweed Shire Council v Mannix (1981) 50 LGRA 369 ;
Witham v Holloway (1994-1995) 183 CLR 525

DATES OF HEARING:

28/01/2004; 29/01/2004; 30/01/2004; 11/03/2004; 25/03/2004; 20/04/2004; 21/04/2004; 22/04/2004; 23/04/2004; 27/04/2004; 28/04/2004; 29/04/2004

EX TEMPORE
JUDGMENT DATE :

04/29/2004

LEGAL REPRESENTATIVES:

APPLICANT
Mr A. Thompson (Barrister)

SOLICITORS
Bowen & Gerathy

RESPONDENTS
Mr M. Ramage QC (until 30/01/2004)
Mr D. Buchanan SC (from 20/04/2004)

SOLICITORS
Levitt Robinson Solicitors and Associates

JUDGMENT:

IN THE LAND AND

ENVIRONMENT COURT

OF NEW SOUTH WALES

40097 of 2000

Cowdroy J

29 April 2004

Randwick City Council

Applicant
v

Peta Athens

First Respondent

Athens Holding Pty Limited (ACN 001 166 552)

Second Respondent

Judgment No. 7

Introduction

1 The applicant (“the council”) by Notice of Motion filed 4 September 2003 charges the alleged contemnors (“the respondents”) that they have each committed contempt of orders of the Court made on 1 June 2001 and on 8 December 2000.

2 On 1 June 2001 the Court made the following relevant orders:

1. The first and second respondents are hereby restrained from using the premises at 40 Coogee Bay Road, Coogee, for the purpose of Backpackers Accommodation;

2. Order 1 is stayed until 31 March 2002.

3 The first contempt alleged relates to a breach of the order, made on 1 June 2001 in respect of 40 Coogee Bay Road, Coogee (“the premises”). The particulars state:-

Using the premises at 40 Coogee Bay Road, Coogee for the purpose of back packers accommodation after 31 March 2002.

4 On 8 December 2000 the Court by consent made the following order:

3. The First and Second Respondents, their servants, agents or assigns remove the sliding glass doors to Garages 9 and 10 and restore them for the purpose of carparking pursuant to Order7 of the Application herein.

5 Order 7 in the Application referred…