Lake Macquarie City Council v Gordon

[2017] NSWLEC 122

NSW Land and Environment Court

Built by Barristers,
For Australian Law.

1. CONTEMPT - both Respondents - orders made to address unlawful development - orders set timetable for remediation woks and reporting process timetable and reporting process not adhered to - proper foundation for guilty finding on contempt Charge 1 and Charge 2 for both Respondents
1. CONTEMPT - both Respondents - Charge 3 - Second Respondent carried out development in breach of court order and without development consent - First Respondent aware of and had limited involvement in Second Respondent’s activities - proper foundation for guilty finding on contempt Charge 1 and Charge 2 for both Respondents
1. CONTEMPT - First Respondent - objective factors of First Respondent - First Respondent dominated by Second Respondent - First Respondent not kept informed by Second Respondent - Second Respondent has strong subjective circumstances - appropriate to find Second Respondent guilty as charged on all charges but not to proceed to conviction
1. CONTEMPT - Second Respondent - Charges 1 and 2 - degree of forbearance by consent authority - charges of lesser seriousness - modest financial penalties appropriate - discount for pleas of guilty - consideration of totality and accumulation - fines of $3,000 and $2,000 imposed