Jeffery & Ors -v- Roberts [2001] NSWADT 66

CITATION: Jeffery & Ors -v- Roberts [2001] NSWADT 66 DIVISION: General Division APPLICANTS Victor Robert Jeffery Jack Ireland PARTIES: Barry Clendinning William Coombe RESPONDENT Lennard Roberts FILE NUMBER: 003306 HEARING DATES: On the papers SUBMISSIONS CLOSED: 11/28/2000 DATE OF DECISION: 04/27/2001

BEFORE: Britton A - Judicial Member; Lees M - Judicial Member; Antonios Z - Member APPLICATION: Dismissal from civic office - Local Government Act - dismissal from civic office MATTER FOR DECISION: Preliminary matter Administrative Decisions Tribunal Act 1997 Conciliation and Arbitration Act 1904 (Cth) LEGISLATION CITED : Local Government (Elections) Regulation 1998 Local Government Act 1993 Parliamentary Electorates and Election Act 1912 Evans -v- Crichton-Browne (1981) 147 CLR 169 Smith -v- Oldham (1912) 15 CLR 355 CASES CITED: R -v- Grey; Ex Parte Marsh (1985) 157 CLR 351 Bourne -v- Murphy (1996) 92 LGERA 329 In Re Collins; Ex Parte Hockings (1989) 167 CLR 522 REPRESENTATION: In person In person ORDERS: 1. The Tribunal has jurisdiction to entertain this application.; 2. This matter to be set down for hearing at a date to be determined by the Registrar

REASONS FOR DECISION

1 On 18 September 2000 the applicants, Messrs Victor Robert Jeffery, Jack Ireland, Barry Clendinning and William Coombe, filed an application with the Administrative Decisions Tribunal under s 329 of the Local Government Act 1993 (the Act) seeking an order that the respondent, Mr Lennard Roberts be dismissed as a councillor of the Great Lakes Local Council (the Council). This is a decision "on the papers," pursuant to s.76 of the Administrative Decisions Tribunal Act , 1997 (the Tribunal Act) concerning the Tribunal's jurisdiction to entertain this application.