Blacktown City Council v The Penatrators Pty Limited (No 4)

Land and Environment Court New South Wales Medium Neutral Citation: Blacktown City Council v The Penatrators Pty Limited (No 4) [2015] NSWLEC 8 Hearing dates: 3 February 2015 Date of orders: 03 February 2015 Decision date: 03 February 2015 Jurisdiction:Class 4Before: Biscoe J Decision: In each proceeding, each respondent is guilty of contempt of court as charged Catchwords: CONTEMPT – failing to comply with Court orders in two proceedings to remove waste materials stored on two properties and transport to a place lawfully authorised to receive that material within the time specified in the orders or at all. Cases Cited: Blacktown City Council v The Penatrators Pty Ltd (No 3) [2014] NSWLEC 4 Liverpool City Council v Palerma Pty Ltd and Parilo [2008] NSWLEC 311 Category:Principal judgmentParties: Blacktown City Council (Applicant) The Penatrators Pty Limited (First Respondent) Michael Galainy (Second Respondent) Representation: COUNSEL: A M Pickles (Applicant) Michael Galainy in person (Second Respondent and for First Respondent) SOLICITORS: Lindsay Taylor (Applicant) N/A (First and second Respondents) File Number(s): 40699/13, 40700/13 EX TEMPORE Judgment These are two contempt of court motions brought by Blacktown City Council against The Penatrators Pty Ltd and Mr Michael Galainy. The motions are brought in, and following judgment in, two Class 4 proceedings against them seeking to restrain the company from depositing waste building materials as well as orders requiring the removal of waste materials placed on two parcels of land in Council’s local government area at Hamilton Street, Vineyard and 74 Melbourne Road, Riverstone. Almost...