Australia, July 2 -- New South Wales Land and Environment Court issued text of the following judgement:

1. On 5 February 2024, Wollondilly Shire Council (Council) commenced, by way of summons, Class 4 proceedings seeking declarations and orders against Mr Ihab Khoder (the first respondent), Mr Vince Vella (the second respondent), and Ms Connie Vella (the third respondent).

2. By notice of motion filed on 12 February 2024, Council seeks orders that Mr Khoder (and not the second or third respondents in the substantive Class 4 proceedings) be found guilty of contempt (the contempt motion):

2) That the First Respondent be found guilty of contempt of the Court in that, between 8 February 2024 and 9 February 2024, in breach of Order 1 (the Order) made by the Honourable Justice Pritchard on 6 February 2024, the First Respondent received fill (as defined in the Order) and spread the fill on the land known as 2339 Silverdale Road, Silverdale (Lot 2 DP 866061), without first obtaining a lawful consent to do so under the provisions of the Environmental Planning & Assessment Act 1979.

3) That the First Respondent, be punished for disobeying the Order made by the Honourable Justice Pritchard on 6 February 2024.

4) That such further or other orders may be made as the Court thinks appropriate, whether pursuant to s 135(1) of the Civil Procedure Act 2005 or otherwise, with respect to the enforcement of the Orders made by Justice Pritchard on 6 February 2024.

5) That the First Respondent pay the Appellant's costs of and incidental to this application on an indemnity basis.

3. On 8 March 2024, Council filed an amended statement of charge which provides:

1. The First Respondent is guilty of contempt of Court in that on 8 February 2024 and 9 February 2024, and in breach of Order 1 made by the Honourable Justice Pritchard on 6 February 2024, the First Respondent received fill (as defined in the order) and spread the fill on the land known as 2239 Silverdale Road, Silverdale (Lot 2 DP 866061), without first obtaining a lawful consent to do so under the provisions of the Environmental Planning & Assessment Act 1979.

4. On 16 August 2024, Mr Khoder entered a plea of guilty to the amended statement of charge.

5. The contempt proceedings were listed for hearing on sentence on 26 August 2024. However, the hearing was vacated following pro bono counsel being identified and able to assist Mr Khoder on a later date.

6. The hearing on sentence for contempt was heard before me on 12 September 2024.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1970f7cd99cdb44e00a31204)

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