Event and Time
Event Description
In the case of Canterbury-Bankstown Council v Owners - Strata Plan No 71808, the Canterbury-Bankstown Council sought judicial action against the Owners – Strata Plan No 71808 for contempt of court arising from a failure to comply with specific consent orders related to fire safety measures at a 12-storey building in Bankstown, New South Wales. The council had previously issued orders for the installation and maintenance of fire safety measures due to serious concerns about safety risks.
Application and Claims
- The applicant, Canterbury-Bankstown Council, charged the respondent with three counts of contempt for failing to adhere to consent orders issued by the court on 8 November 2021.
- The specific allegations included the failure to submit required fire safety certifications and reports by designated deadlines set forth in the consent orders.
- The respondent pleaded guilty to all three charges without contesting the allegations.
Judicial Decisions
- The court imposed monetary penalties on the respondent: $10,000 for the first charge, $7,500 for the second charge, and $5,000 for the third charge.
- A total penalty of $11,250 was arrived at after applying a 25% discount for the guilty plea and an additional 25% discount for the totality principle.
- Furthermore, a periodic fine of $2,000 was set for each charge, starting on 31 January 2024, until compliance was achieved.
Dispute Points and Legal Basis
Dispute Points
- Council's Claims:
- Alleged that the respondent failed to comply with Orders 2, 3, and 4, which mandated the provision of fire safety certificates and an upgrade strategy for fire safety measures. - Cited past orders and the ongoing risk to inhabitants due to non-compliance with fire safety standards as justification for contempt charges.
- Respondent's Position:
- Initially did not contest the failure to comply with court orders but later entered a guilty plea acknowledging the charges. - Reason for the inability to comply was not elaborated in the case summary; however, it may relate to operational or management challenges as indicated by the appointment of a strata manager.