GINIOTIS v THE COUNCIL OF THE CITY OF BLACKTOWN [1990] NSWCA 66

GINIOTIS v THE COUNCIL OF THE CITY OF BLACKTOWN SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P, MEAGHER JA and WADDELL AJA 17 October 1990, 17 October 1990

[1990] NSWCA 66

JURISDICTION OF SUPREME COURT

Meagher JA This is an appeal from Mrs Stella Giniotis from a decision of Badgery-Parker J given on 11 May 1990. At least I think that is what it is because a reading of the document leaves even that point quite ambiguous. The litigation has a distressingly long history and ought never to have been in the Supreme Court of New South Wales.

On 22 October, 1981 a company called United Marker Pty. Limited sought specific performance of a contract for a sale of land from Mrs Giniotis and her husband, and perhaps a third person. The matter was compromised and certain orders were made on 22 October, 1981. The order of the court consists partly of actual orders and partly of notations of agreements.

One of the heads of agreement contained in that document was the parties agreed that the plaintiff (the company) will connect the sewer to the cottages on proposed Lots 1 and 2 to be retained by the defendants at no cost to the defendants. One does not know whether United Marker Pty Ltd fulfilled that contractual obligation or did not, nor are we concerned with it.

In any event, beginning i.n January, 1989 there commenced a bout or litigation between the Council of the City of Blacktown and Mr and Mrs Giniotis. The council served notices on Mrs Giniotis and on her husband, both severally and jointly, requiring them to connect the sewer and to abate the drainage nuisance. This was apparently not done to their satisfaction and informations were accordingly laid by the council for failure to comply with the relevant notices.

Summonses were then issued pursuant to those informations on 30 June, 1989 and they were adjourned for hearing before the Local Court magistrate sitting at Blacktown on 1 November, 1989. Mr Simpson, the local magistrate, heard those summonses and convicted Mr and Mrs Giniotis each in respect of each information.