1. Legal Proceedings

 

 

 

 

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Section 428 (2) (e)

During 2005/2006 Council was involved in the following legal proceedings:

Note: Some costs were paid or received by Council in previous financial years and where appropriate these have been shown.

 

 

Matter

 

 

Court

 

Costs

 Paid

 

 

Costs

Received

 

Status

 

Harrison-

Challenge Unauthorised dwelling

 

Land & Environment

$1,939.20

 

Settled

Corks Lane – Milton

 

Land & Environment

$2,525.00

 

Appeal

Pavlakis  – Claim against Council not providing car parking

 

Supreme

$605.00

$6,293.75

Settled in favour of Council

Jason Waters – Transport Waste to location not a lawful facility for that waste.

 

Nowra

Nil

Nil

Case decided in Council’s favour.  Defendant convicted & fined $1,000 + $63 Court costs

Paul Westwood – Deposit litter from vehicle

Milton

Nil

Nil

Case decided in Council’s favour.  Defendant convicted & fined $350 + $63 Court costs

 

Christopher Dixon – Transport waste to location not a lawful facility for that waste

 

Nowra

Nil

Nil

Case decided in Council’s favour.  Defendant convicted & fined $700 + $65 Court costs

Frank Raymond – Deposit litter from vehicle

 

Nowra

Nil

Nil

Caution issued under S.33 (1) (a) of Children’s Act

Dean Kember – Deposit litter from vehicle

Nowra

Nil

Nil

Case decided in Council’s favour.  Defendant convicted & fined $150 + $65 Court costs

 

Kyle Moroney – Fail to comply Chapter 7 Requirement

 

Nowra

Nil

Nil

Dismissed under Section 10 of Criminal Proceedings Act

James Hatcher – Fail to comply Chapter 7 Requirement

Nowra

Nil

Nil

Case decided in Council’s favour.  Defendant convicted & fined $550 + $65 Court costs

Scott Hume – Fail to pay Clean Up Notice Fee

Nowra

Nil

Nil

Case decided in Council’s favour. Defendant convicted & fined $1,000 + $65 court costs.

Narelle Richards – Deposit litter in circumstances of aggravation

 

Nowra

Nil

Nil

Continuing

Land Acquisition – National Parks & Wildlife – Pacific City

 

Land & Environment

$308.00

Nil

Proceedings to date completed.

NSW Workcover – Vincentia Wastewater Treatment Plant – Trench Collapse

 

NSW District

$10,280.00

 

Case decided in Council’s favour.

Heintz v SCC

District

Award inclusive of costs - $22,515

 

Award to Plaintiff $55,000 all inclusive – Council’s proportion 50%.

Darwon, Griffin, Phillis, Thane & Kerr V SCC – Class Action – Hylands Fire

 

District

Award to Council – Plaintiff to pay costs - $4,143

Nil to date

Award to Council – Council is recovering costs

Robyn Jensen V SCC

Nowra Local

Award to Council – Plaintiff to pay costs - $16,166

Nil to date

Award to Council – Council is recovering costs

Girdlestone v SCC

District

$3,875.00 to date

 

Matter Pending

Roach v SCC

District

Nil to date

 

Matter pending

 

Heibler v SCC

District

Award to Council – Plaintiff to pay costs - $2,629

$9,000 recovered – remainder by instalments

Award to Council – Council is still recovering costs

Brien v SCC

 

Nowra Local

Nil to date

 

Matter pending

Mary Paradas – Development not carried out in accordance with consent.

Nowra Local

Costs paid last financial year

$2,000 awarded to Council

Case decided in Council’s favour.  Defendant convicted and fined $20,000 + $130 in court costs

Anthony Hoy – Development not carried out in accordance with consent and unauthorised development

N/A

Costs paid last financial year

N/A

Matter still pending

Contractor - Phillip Hughes (Hoy – Lot 147) unauthorised development – DP751255 Budgong Rd

Nowra Local

$6,334.00

$165 Awarded to Council

Case decided in Council’s favour.  Defendant convicted and fined $12,000 + $65 in Court costs.

Contractor - Phillip Hughes (Hoy – Lot 159 DP741255) unauthorised development 470 Budgong Rd

Nowra Local

As above

$165 Awarded to Council

Case decided in Council’s favour.  Defendant convicted and fined $12,000 + $65 in Court costs.

Contractor - Phillip Hughes (Hagan)- Unauthorised development-  Lot 186 DP751255 638 Budgong Rd

Nowra Local

As above

$165 Awarded to Council

Case decided in Council’s favour.  Defendant convicted and fined $12,000 + $65 in Court costs

Contractor - Phillip Hughes  for Teamink P/L Unauthorised development – Lot 3 DP1027425 450 Budgong Rd

Nowra Local

As above

$165 Awarded to Council

Case decided in Council’s favour.  Defendant convicted and fined $12,000 + $65 in Court costs

Teamink Pty Ltd Unauthorised Development

Nowra Local

$1,656.00

N/A

Matter withdrawn by Council for compassionate reasons

Peter Hagan Unauthorised development

Nowra Local

$4,970.68

Costs were not pursued by Management

Matter was withdrawn by Council.

Smiths Plant Hire Pty Ltd

- Transport waste to a place not a lawful facility for that waste

Nowra Local

N/A

N/A

Case decided in Council’s favour.  Defendant convicted and fined $1400.00 + $65 in Court costs

Gorrell – Unauthorised development

Nowra Local

$9,240.00

$5000 – Awarded to Council

Council decided to issue development consent and the Court made orders that the defendant pay Council’s costs at an agreed $5000.

Shoalhaven Excavation & Plant Hire/DSGRB Pty Ltd – Permit land to be used as a waste facility

Nowra Local

$3,347.25

Matter still pending

Not determined

Prochilo (DA refused)

Land & Environment

$14,020.00

N/A

Not determined

Monarch Place Callala Bay – refusal to DA for change of use

Land & Environment

$19,306.31

N/A

Class 1 appeal upheld – consent issued

Flower & Samios SEPP5 Development Cambewarra – Refusal to DA for SEPP 5 Retirement Village

Land & Environment

$60,490.42

n/a

Not determined

Ashley Developments Pty Ltd

Land & Environment

$27,920.13

N/A

Not determined

Harrison – Challenge unauthorised

Land & Environment

$6,449.52

N/A

Consent issued.  Notice of discontinuance filed

Longhill Planning – DA refused

Land & Environment

$9,017.53

N/A

Withdrawn – Notice of discontinuance filed

Tovedale – Unauthorised development

Land & Environment

$18,558.49

N/A

Case determined in favour of Tovedale.  Costs awarded to Tovedale.

Workcover – Sanctuary Point – Trench Collapse

Sydney Magistrates Court

$90,000 Fine

$83,000 Legal costs for Council and Workcover

 

Case decided against Council.  Council fined and ordered to pay Workcover legal costs.

WorkCover – accident with a  Jet-Patcher in Ulladulla

Wollongong Industrial Court

 

 

Continuing

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