By Jordanna Schriever, ABC
The council was first alerted to the unauthorised structures and dairy manufacturing equipment in April 2018. Photo: 123RF
A man who "wilfully disobeyed" court orders to remove an unauthorised backyard cheese facility from his suburban Adelaide home has been found guilty of contempt and ordered to pay costs exceeding $120,000.
The Environment, Resources and Development Court found John Kitsis did not have approval from the City of Charles Sturt council to construct the cheesemaking business at his West Croydon home, and subsequently ordered its removal in March 2020.
In a ruling published in December, Senior Judge Michael Durrant said it was not until June 2025 that Mr Kitsis complied with the order - several months after he was found guilty of contempt of court in February.
"This contempt is at the higher end of seriousness," Senior Judge Durrant said.
"The orders were made in 2020 and required compliance within 30 days."
According to earlier court judgements, the council was first alerted to the unauthorised structures and dairy manufacturing equipment in April 2018, when "a person claiming to be a neighbour" complained.
That judgement noted Mr Kitsis then told council officers he had approval to operate a cheese business, but had not yet started.
It noted he had previously lodged a food business notification with the council, which had acknowledged receipt of the form.
During an inspection in September 2018, council staff noted that a garage and rumpus room at the rear of the property had been converted to a "self-contained residence containing built-in cooking appliances and laundry facilities".
The March 2020 court orders to remove the equipment included all built-in cooking, storing and preserving appliances associated with dairy production.
Senior Judge Durrant "condemned" Mr Kitsis's failure to comply with the orders until June 2025.
"His non-compliance was wilful," he said.
"As for any benefit he had received from his contempt, Mr Kitsis told me while he had operated a cheesemaking business from the premises, it had never got up and running.
"He said the business was unsuccessful and achieved no sales."
'Continually ignored the court'
The court heard Mr Kitsis arrived in Australia in 1990 from Greece and did not speak English, so "did not know what was going on" in the proceedings - but Senior Judge Durrant rejected that suggestion and said he was "satisfied" Mr Kitsis "was aware of and understood the orders made".
"He has family members who can speak and write in English," Senior Judge Durrant said.
"He has corresponded in writing through his son or by himself directly to the City of Charles Sturt, and to the court."
He noted Mr Kitsis had been arrested after failing to appear in court, and on one occasion spent three days in custody at the Port Adelaide police cells - a step that was "regrettable but necessary as he had continually ignored the court".
He said he gave little weight to Mr Kitsis's apology, which was made "last minute" and did not convey a voluntary expression of regret, remorse or contrition.
Senior Judge Durrant said that, given Mr Kitsis had limited income, was elderly and was receiving a pension, he would decline to impose any further penalty beyond the time already spent in custody.
He noted Mr Kitsis had been ordered to pay significant costs to the council, and "must now also pay significant costs to the Registrar of this court".
He set the amount payable at $123,266.36.
-ABC
