Deputy Secretary of the Department of Local Government, Planning and Policy v Doueihi [2021] NSWCATOD 163

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Deputy Secretary of the Department of Local Government, Planning and Policy v Doueihi [2021] NSWCATOD 163 Hearing dates: 7 and 16 June 2021 Date of orders: 24 September 2021 Decision date: 24 September 2021 Jurisdiction: Occupational Division Before: R Titterton OAM, Senior Member Decision: (1) Ground One of the Amended Grounds for Application filed 24 February 2021 is established. (2) Ground Two of the Amended Grounds for Application filed 24 February 2021 is established. (3) Ground Three of the Amended Grounds for Application filed 24 February 2021 is established. (4) Ground Four of the Amended Grounds for Application filed 24 February 2021 is established in so far that the respondent failed to disclose in the 2019 Return the address of the trustee of the LMP Unit Trust and that he was a director, secretary and 50% shareholder of Laley Rosa Pty Ltd. (5) Ground Five of the Amended Grounds for Application filed 24 February 2021 is established. (6) Ground Six of the Amended Grounds for Application filed 24 February 2021 is established. Catchwords: LOCAL GOVERNMENT – whether councillor breached the Local Government Act 1993 (NSW), the Local Government (General) Regulation 2005 and the Council's Code of Conduct Legislation Cited: Local Government Act 1993 (NSW) – ss 7, 8, 439AA to 440AA, 440F, 440H, 440J, 449, 661 Local Government (General) Regulation 2005 Interpretation Act 1987 (NSW) - ss 33 and 34 Cases Cited: Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34 HRC Hotel Services Pty Ltd v Chief Commissioner of State Revenue [2018] NSWSC 820 Office of Local Government v Councillor Campbell of Murray Shire Council [2015] NSWCATOD 129 Office of Local Government v Councillor Martin Ticehurst of Lithgow City Council [2016] NSWCATOD 122 Hindi v Chief Executive, Office of Local Government [2016] NSWCATOD 134 Texts Cited: None Category: Principal judgment Parties: Deputy Secretary of the Department of Local Government, Planning and Policy (Applicant) Antoine Doueihi (Respondent) Representation: Counsel: M Cobb-Clark (Applicant) G Schipp (Respondent)