Sutherland Shire Council v Perdikaris

The parties involved in this case were the Sutherland Shire Council and Mr Vasilios Perdikaris. The dispute was centred around the Council's orders for Mr Perdikaris to demolish a freestanding garage and concrete slab at his Menai property, following a Court order made on 16 October 2019. Mr Perdikaris failed to comply with this order, prompting the Council to seek contempt proceedings against him. The case was heard in the Supreme Court of New South Wales.

The legal issues the Court was required to decide included whether Mr Perdikaris was in contempt of the Court's order, and if so, what the appropriate punishment should be. The Court also had to determine whether the Sutherland Shire Council was authorised to carry out the demolition of the garage and concrete slab in the event that Mr Perdikaris did not comply with the order to demolish it himself.

The Court found Mr Perdikaris in contempt of the order made on 16 October 2019, and imposed a fine of $10,000, which was suspended on the condition that he demolish the garage and concrete slab by 27 October 2020. The Court also directed the Sutherland Shire Council to demolish the garage and concrete slab, but only after 27 October 2020 and if Mr Perdikaris had not completed the demolition himself. The Council was also required to give 14 days' written notice to the Perdikaris before carrying out the demolition. Mr Perdikaris was ordered to pay the Council's costs for the demolition, and the costs of the notice of motion on an indemnity basis.

In summary, the Court found Mr Perdikaris in contempt of the order made on 16 October 2019 and imposed a suspended fine of $10,000, conditional upon him demolishing the garage and concrete slab by 27 October 2020. The Court also directed the Sutherland Shire Council to carry out the demolition if Mr Perdikaris did not do so himself, but only after 27 October 2020 and with 14 days' written notice to the Perdikaris. Mr Perdikaris was also ordered to pay the Council's costs.