Cumberland Council v Khoury (No 3)*

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Cumberland Council v Khoury (No 3)* [2016] NSWLEC 55 Hearing dates:18, 22 and 26 April 2016Date of orders: 23 May 2016 Decision date: 23 May 2016 Jurisdiction:Class 4Before: Moore J Decision: At [143] Catchwords: CONTEMPT - use of premises as a boarding house without development consent - court orders to cease use - failure to comply - use ceases only after court orders to utility services suppliers suspending electricity and water services to premises - owner charged with contempt – owner guilty as charged CONTEMPT - carry out alterations to premises without development consent - alterations designed to facilitate use as boarding house - fire safety issues - court orders to remove unauthorised works and return premises to duplex dwelling given development consent - failure to comply - owner charged with contempt - continuing failure to comply - owner guilty as charged CONTEMPT - characterisation of contempt - failure to purge contempt - contempt contumacious SENTENCING - claim of provision of affordable housing - whether claim correct or activity undertaken for financial gain - continuing contempt by failure to remove unauthorised works - appropriate to provide opportunity to purge contempt - alternatives are to rectify premises as ordered or seek building certificate for premises and consent for use as boarding house - sentencing deferred for six months to permit contempt to be purged SENTENCING - fitness for full-time custodial sentence if warranted - presentence report ordered Legislation Cited:...