Key Takeaways
- A man, John Kitsis, has been found guilty of contempt of court for failing to remove an unauthorized backyard cheese facility from his suburban Adelaide home.
- The court ordered Mr. Kitsis to pay over $120,000 in costs for his non-compliance with the court orders.
- The unauthorized cheese facility was discovered in 2018, and Mr. Kitsis was given 30 days to comply with the court orders in 2020.
- Mr. Kitsis claimed he did not understand the court proceedings due to language barriers, but the court rejected this claim.
- The court considered Mr. Kitsis’s non-compliance to be "wilful" and at the "higher end of seriousness".
Introduction to the Case
The Environment, Resources and Development Court has found John Kitsis guilty of contempt of court for failing to remove an unauthorized backyard cheese facility from his suburban Adelaide home. The court had ordered Mr. Kitsis to remove the facility in March 2020, but he did not comply until June 2025, several months after he was found guilty of contempt of court in February. The court’s ruling, published in December, stated that Mr. Kitsis’s non-compliance was "wilful" and at the "higher end of seriousness".
Background of the Case
The case began in April 2018, when a neighbor complained to the City of Charles Sturt council about the unauthorized structures and dairy manufacturing equipment at Mr. Kitsis’s property. Mr. Kitsis claimed he had approval to operate a cheese business, but had not yet started. However, the council found that he did not have the necessary approvals, and the court subsequently ordered the removal of the equipment in March 2020. The order included the removal of all built-in cooking, storing, and preserving appliances associated with dairy production.
Non-Compliance and Contempt
Despite the court orders, Mr. Kitsis failed to comply, and the court found him guilty of contempt in February 2025. The court heard that Mr. Kitsis had operated a cheesemaking business from the premises, but it was unsuccessful and achieved no sales. Senior Judge Michael Durrant condemned Mr. Kitsis’s failure to comply with the orders, stating that his non-compliance was "wilful". The court also rejected Mr. Kitsis’s claim that he did not understand the court proceedings due to language barriers, as he had family members who could speak and write in English and had corresponded with the council and the court in writing.
Penalty and Costs
The court ordered Mr. Kitsis to pay over $120,000 in costs, including significant costs to the council and the Registrar of the court. Senior Judge Durrant declined to impose any further penalty beyond the time already spent in custody, given Mr. Kitsis’s limited income, elderly age, and receipt of a pension. The court also noted that Mr. Kitsis had been arrested after failing to appear in court and had spent three days in custody at the Port Adelaide police cells, a step that was "regrettable but necessary" due to his continued non-compliance.
Conclusion and Implications
The case highlights the importance of complying with court orders and the consequences of non-compliance. Mr. Kitsis’s failure to remove the unauthorized cheese facility from his property resulted in significant costs and a finding of contempt of court. The case also demonstrates the court’s willingness to take action against individuals who fail to comply with court orders, even if they claim language barriers or other excuses. The court’s ruling serves as a reminder to individuals to take court orders seriously and to comply with them in a timely manner to avoid serious consequences.