Holroyd City Council v Khoury (No 2)

Land and Environment Court New South Wales Medium Neutral Citation: Holroyd City Council v Khoury (No 2) [2016] NSWLEC 31 Hearing dates:31 March 2016Date of orders: 31 March 2016 Decision date: 31 March 2016 Jurisdiction:Class 4Before: Moore J Decision: At [5] Catchwords: CONTEMPT – orders to attend to answer contempt charge – failure to attend as ordered – bench warrant issued for arrest to bring before the Court Legislation Cited: Civil Procedure Act 2005 Category:Procedural and other rulingsParties: Holroyd City Council (Applicant) Robert Khoury (Respondent) Representation: Counsel: Mr M Fozzard, barrister (Applicant) No appearance (Respondent)   Solicitors: Bilias & Associates (Applicant) File Number(s):40945 of 2014Publication restriction:NoJudgment HIS HONOUR: On Tuesday 29 March 2016, in Holroyd City Council v Khoury (2016) NSWLEC 29, I explained the reasons why I was satisfied that there was proper evidentiary foundation based on an affidavit of service of Malcolm Colin Grace (read at that time) to order the arrest of Mr Robert Khoury and for him to be brought before the Court to answer the charges of contempt that have been brought against him by Holroyd City Council. On that day, I made orders for the issuing of an arrest warrant addressed to the Sheriff of New South Wales to arrest Mr Khoury and bring him before me, specifically, at 10am this morning, 31 March. As at 10am this morning, Mr Khoury was not in attendance and after having the matter called three times outside the Court, there was no response to the call. I am...