Failing to remove 600 cars sees owner told to pay $165,000 for contempt

A landowner who said he collected more than 600 cars to fund his retirement has been ordered to pay $165,000 in a fine and legal costs after failing to remove them from his property near Bungendore.

The man said he had actually reduced the number after having more than 3500 vehicles on the site at one point.

Wayne Banks, who owned the land at Mulloon, was found guilty of contempt by the NSW Land and Environment Court earlier this year.

On 2 October, he was convicted, fined $15,000 and ordered to pay the $150,000 legal costs for Queanbeyan-Palerang Regional Council.

Justice Nicola Pain said Banks had made some efforts to comply with the 2017 orders to remove the items, but he had still not fully complied with the orders.

In March 2024, council reported that 600 cars remained on the property, along with 10 buses, 10 trucks, 50 trailers, 100 motorbikes and other items.

Some structures had been removed, but a shed and two shipping containers remained.

Banks, who is on welfare payments, said he collected the vehicles to build a “superfund” and originally had more than 3500 but removed many until he had fewer than 400 by June 2024. He said he also removed many tonnes of debris and scrap metal.

Justice Pain said Banks claimed to have gone through physical and mental difficulties since 2010.

Banks said he was in jail for 12 months until June 2023 and had bad experiences in custody, resulting in a month-long hospitalisation, ongoing health issues and several months in a wheelchair.

He claimed other circumstances prevented him from fully complying with the 2017 orders, including the poor condition of the council road near his property and poor weather.

Banks said he had negotiated a property swap with the owner of land in Queensland. He has been asked to clear as much as possible and the incoming owner will take care of the rest.

Council argued it had given him nearly three years to clean up his property before starting contempt proceedings, then agreed to lengthy adjournments during the proceedings to help him.

Justice Pain said in Banks’ own affidavit he said the car collection was for superannuation to fund his retirement and she found there was a financial motivation for his collection.

“Mr Banks has failed to get his act together over the lengthy period allowed to him to purge his contempt and has not shown any remorse,” she said.

“Some of that delay but by no means all can be explained by his personal circumstances.

“On balance I consider it is fair to characterise Mr Banks’ contempt as wilful, at a low level on the possible spectrum of seriousness.”

If the property is not cleared within six months, council will be allowed to carry out the works.

Region previously reported that in December 2017, Banks was ordered to remove all motor vehicles, goods and some structures such as shipping containers from the land he owned at Mulloon Road in Mulloon, a rural locality east of Bungendore, by July 2018.

Council accused him of contempt in May 2021, to which he pleaded not guilty.

Over two inspections in 2019 and 2020, a council officer saw about 500 to 600 cars, as well as motorbikes, horse floats, boats, caravans, forklifts, tractors and trailers.

The officer said other goods were stored outside about seven shipping containers on the property including building materials, car tyres, and mounds of scrap steel and industrial equipment.

In May 2020, the council wrote to Banks saying its recent inspection had found little progress in him complying with the orders to remove the items.

Banks said he had been removing the vehicles, but this had been delayed by the COVID-19 pandemic, ill health and lack of money, so he asked for more time – until the end of 2021 – to finish the work.

In October 2023, a council officer inspected the property and found while progress had been made, an estimated 500 to 600 cars and other vehicles and scrap metal still remained.

When she returned early in 2024, Banks told her he had not made significant progress since her last inspection due to wet weather, the condition of the road and damage to vehicles.