Pittwater Council v Csanyi and Another [2001] NSWLEC 117

Land and Environment Court of New South Wales

CITATION : Pittwater Council v Csanyi and Another [2001] NSWLEC 117 APPLICANT: Pittwater Council PARTIES : RESPONDENTS: Michael Csanyi and Kay Csanyi FILE NUMBER(S) : 40189 of 1995 CORAM: Talbot J KEY ISSUES: Contempt :- penalty LEGISLATION CITED: CASES CITED: DATES OF HEARING: 30/03/2001 EX TEMPORE JUDGMENT DATE : 03/30/2001

APPLICANT: Mr R P Lancaster (Barrister) SOLICITORS: Mallesons Stephen Jaques LEGAL REPRESENTATIVES: RESPONDENTS: In person SOLICITORS: N/A

JUDGMENT:

IN THE LAND AND Matter No. 40189 of 1995 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 30 March, 2001

Pittwater Council Applicant v Michael Csanyi and Kay Csanyi Respondents

REASONS FOR JUDGMENT

1. HIS HONOUR: On 14 December 2000 the Court found that the contempt with which the respondent Mr Csanyi was charged had been proved. The council is not proceeding against the second respondent, Kay Csanyi. The question of whether there should be a formal finding and penalty was deferred until today to enable the respondent to take the opportunity to take steps by which the contempt could be discontinued. The expectation was that by this date the premises would no longer be used in a manner which offended the orders made by the Court on 25 July 1996.

2. The Court has heard evidence this morning that the council inspected the premises several weeks ago. At that time there were still physical characteristics and features on the property which suggested that separate occupancies may have been continuing within the property. Those matters could not be verified specifically because access was not available to all parts of the building.