NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Executive Director, Local Government, under delegation from the Secretary, Department of Planning, Industry and Environment v Hindi [2023] NSWCATOD 186 Hearing dates: 28 and 30 March 2023 Date of orders: 14 December 2023 Decision date: 14 December 2023 Jurisdiction: Occupational Division Before: T Simon, Principal Member Decision: (1) The Tribunal finds that Grounds 1b, 3, 4, 5 and 6 are established Catchwords: LOCAL GOVERNMENT — Councillors — referral of alleged misconduct of a former Councillor under the Local Government Act 1993 Legislation Cited: Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) Civil and Administrative Tribunal Act 2013 (NSW) Local Government Act 1993 (NSW) Local Government (General) Regulation 2005 (NSW) Ombudsman Act 1974 (NSW). Cases Cited: Barrak v City of Parramatta Council [2019] NSWCA 213 Deputy Secretary, Local Government, Planning and Policy v Byrne [2021] NSWCATOD 53 Gautam v Health Care Complaints Commission [2021] NSWCA 85 Kaldas v Barbour [2017] NSWCA 275 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; 67 ALJR 170 The Queen v Toohey; Ex Parte Attorney-General (N.T.) (1980) 145 CLR 374 Texts Cited: Georges River Council, "Code of Conduct" (2020) Georges River Council, "Procedures for the Administration of the Code of Conduct" (2020) Macquarie Dictionary (6th ed, 2013) Category: Principal judgment Parties: Executive Director, Local Government, under delegation from the Secretary, Department of Planning, Industry and Environment (Applicant) Constantine Hindi (Respondent) Representation: Counsel: B Tronson and M Cobb-Clark (Applicant) F Corsaro SC (Respondent)
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