Anderson v Byron Shire Council [2021] NSWLEC 127

Land and Environment Court New South Wales

Medium Neutral Citation: Anderson v Byron Shire Council [2021] NSWLEC 127 Hearing dates: 12 November 2021 Date of orders: 12 November 2021 Decision date: 12 November 2021 Jurisdiction: Class 4 Before: Pain J Decision: The Court orders: (1) The Applicant's application for interlocutory relief in paragraph five of the summons dated 5 November 2021 is refused. (2) The Applicant is to pay the Respondent's costs of the application for interlocutory relief referred to in Order 1. (3) Vacate the first directions hearing listed for 4 February 2022. (4) List the matter for first directions on 26 November 2021. Catchwords: INJUNCTIONS – interlocutory order permitting attendance at council meetings refused Legislation Cited: Inclosed Lands Protection Act 1901 (NSW) s 4(1) Local Government (General) Regulation 2021 cl 233 Local Government Act 1993 (NSW) ss 10, 11 Cases Cited: Tegra (NSW) Pty Ltd v Gundagai Shire Council (2007) 160 LGERA 1; [2007] NSWLEC 806 Category: Procedural rulings Parties: John Anderson (Applicant) Byron Shire Council (Respondent) Representation: Counsel: T Lynch SC with B Anderson (Applicant) J Lazarus SC (Respondent)

Solicitors: Wall & Company Lawyers (Applicant) Marsdens Law Group (Respondent) File Number(s): 2021/314337

EX TEMPORE Judgment 1. Mr John Anderson the Applicant has commenced Class 4 proceedings seeking judicial review of a decision by the General Manager of Byron Shire Council (the Council) on behalf of the Byron Shire Council to exclude him from the Council's premises for 12 months from 19 May 2021. The substantive relief sought is a declaration that the decision of the Council to do so on 19 May 2021 as advised by letter to the Applicant is invalid and of no effect and a consequential order restraining the Council from excluding him. An interlocutory application for interim relief comes before me as duty judge, seeking an order that the Council be restrained from preventing the Applicant firstly, attending Council meetings in accordance with s 10 of the Local Government Act 1993 (NSW) (LG Act) and secondly, attending Council property to access materials and information in accordance with s 11 of the LG Act.