Wollongong City Council v Kilpatrick (No 2)

The Wollongong City Council brought an action against Leslie Kilpatrick, the first named defendant, in the Federal Circuit Court of Australia. The Council sought a declaration that the defendant was in contempt of the Court's orders dated 18 November 2011, and also sought other relief, including a fine. The relief was sought on the basis that the defendant failed to comply with the Court's orders. The Council submitted that the defendant had failed to remove items of plant and machinery from land which he owned, and which the Court had ordered him to remove. The defendant, on the other hand, submitted that he had not failed to comply with the Court's orders. The defendant submitted that the Court's orders had not been complied with by the Council, and that, in any event, he had been prevented from removing the items of plant and machinery from the land by third parties. The Court considered the evidence and submissions, and concluded that the defendant had failed to comply with the Court's orders. The Court held that the defendant had failed to remove the items of plant and machinery from the land, and that the defendant had not demonstrated that he had been prevented from removing those items by third parties. The Court also held that the defendant had failed to discharge the onus of proving that the Council had not complied with the Court's orders. The Court ordered that the defendant be convicted of contempt of Court, and that the defendant be fined $35,000. The Court further ordered that the defendant pay a daily penalty of $2,000 per day until certain items of plant and machinery were removed from the land. The Court also ordered that the defendant pay the Council's costs.