Rumble v Liverpool Plains Shire Council

(2015) 90 NSWLR 506; [2015] NSWCA 125

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Extension of time to appeal
3. › Whether proposed grounds arguable and material
4. › Effect of factual error on materiality of orders
5. › Whether error as to ownership of property material where orders based on unlawful use of land
1. Judgments and Orders
2. › Contempt of court
3. › Disobedience of court orders
4. › Effect of subsequent variation or setting aside of substantive order on contempt conviction
5. › Orders of superior court of record valid until set aside
6. › Whether contempt survives setting aside of underlying order
1. Planning and Environment
2. › Enforcement of planning laws
3. › Orders to restrain unlawful use of land
4. › Persons against whom orders may be made
5. › Whether order properly made against person who does not own land but owns vehicles stored unlawfully on it
6. › Environmental Planning and Assessment Act 1979 (NSW), ss 121B, 124
1. Constitutional Law (Cth)
2. › Local government
3. › Whether laws establishing local councils constitutionally invalid
4. › Local Government Act 1993 (NSW)

Quick Take

Orders of a superior court of record must be obeyed while on foot, and contempt for non-compliance survives the subsequent setting aside of the underlying order on appeal. In planning enforcement proceedings, orders may properly be made against persons who do not own the land but who use it unlawfully through ownership of a business and the offending chattels stored on it. A factual error as to ownership of land is immaterial where the orders are based on unlawful use rather than mere ownership.