Csayni & Anor v Pittwater Council [2002] NSWCA 81

New South Wales Court of Appeal

CITATION : Csayni & Anor v Pittwater Council [2002] NSWCA 81 FILE NUMBER(S) : CA 40270/01 HEARING DATE(S) : 19 March 2002 JUDGMENT DATE : 19 March 2002

PARTIES : Michael & Kaye Csanyi - Appellants Pittwater Council - Respondent JUDGMENT OF : Meagher JA at 27; Stein JA at 28; Giles JA at 1

LOWER COURT JURISDICTION : Land & Environment Court LOWER COURT 40189/95 FILE NUMBER(S) : LOWER COURT Talbot J JUDICIAL OFFICER :

COUNSEL : Michael Csanyi in person R P L Lancaster - Respondent SOLICITORS : Michael Csanyi in person Mallesons Stephen Jaques - Respondent CATCHWORDS : Contempt of court - whether evidence justified finding - whether litigant in person should have been told of entitlement to object to hearsay material raised but not decided - even if hearsay material excluded findings justified. D. CASES CITED: Witham v Holloway (1995) 183 CLR 525. DECISION : Appeal dismissed with costs.

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40270/01 LEC 40189/95

MEAGHER JA STEIN JA GILES JA

Tuesday 19 March 2002 CSAYNI & ANOR v PITTWATER COUNCIL Judgment 1 GILES JA: Mr Michael Csanyi is the owner of the property 41 Cheryl Crescent, Newport. It is within the local government area of Pittwater Council. 2 In 1995 the Council brought proceedings in the Land and Environment Court to restrain the use of the property and another property by Mr Csanyi and his wife. On 25 July 1996 orders were made by consent. For present purposes the other property can be ignored, and the orders relevant to this appeal were - "1. The respondents, by themselves and by their servants and agents, be restrained forthwith, from using, causing, permitting or suffering to be used the property in lot 5 in deposited plan 236797, known as 41 Cheryl Crescent, Newport (the "Newport Property") as a boarding house or residential flat building, as defined in Pittwater Local Environmental Plan, 1993. … 3. The respondents pay the applicant's costs of the proceedings, agreed in the sum of $7,000, payment to be made in accordance with Schedule 1. Schedule 1 31 July 1996 $1,500.00 30 August 1996 $1,500.00 27 September 1996 $1,500.00 25 October 1996 $1,500.00 29 November 1996 $1,500.00 Total $7,000.00"