Deputy Secretary of the Department of Local Government, Planning and Policy v Doueihi (No 2) [2022] NSWCATOD 3

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Deputy Secretary of the Department of Local Government, Planning and Policy v Doueihi (No 2) [2022] NSWCATOD 3 Hearing dates: 10 December 2021 Date of orders: 12 January 2022 Decision date: 12 January 2022 Jurisdiction: Occupational Division Before: R C Titterton OAM, Senior Member Decision: 1. The respondent is reprimanded. 2. The respondent is to pay the applicant's costs thrown away by the adjournment of the hearing on 7 June 2021 on the indemnity basis. Catchwords: LOCAL GOVERNMENT – where councillor breached the Local Government Act 1993 (NSW), the Local Government (General) Regulation 2005 and the Council's Code of Conduct – appropriate protective order. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) -ss 36, 60(2) Local Government Act 1993 (NSW) – ss 439AA to 440AA, 440F, 440H, 440J, 449, 661 Local Government (General) Regulation 2005 Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Councillor v McNaughton, unreported PIT, 11 May 1994. Deputy Secretary of the Department of Local Government, Planning and Policy v Doueihi [2021] NSWCATOD 163 Director-General, Department of Local Government v Longbottom (unreported, Officer QC, 7 April 2005 Fisk v Gold [2021] NSWSC 1465 Health Care Complaints Commission v Ng [2015] NSWCATOD 85 Mehajer v Chief Executive Officer of the Office of Local Government [2014] NSWSC 1804 Mendonca v Tonna [2017] NSWCATAP 176 Office of Local Government v Mehajer [2014] NSWCATOD 64; Office of Local Government v Mehajer [2016] NSWCATOD 10 Office of Local Government v Neville [2018] NSWCATOD 31 Office of Local Government v Pauling [2014] NSWCATAD 121 Office of Local Government v Shelley [2018] NSWCATOD 103 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)