Lowe v Feeney [2009] NSWADT 124

CITATION: Lowe v Feeney [2009] NSWADT 124

DIVISION: General Division

APPLICANT Ronald (Gordon) Lowe PARTIES: REPSONDENT Judy Anne Feeney

FILE NUMBER: 083364

HEARING DATES: 15 May 2009

SUBMISSIONS CLOSED: 15 May 2009

DATE OF DECISION: 26 May 2009

BEFORE: Handley R - Deputy President; Fitzgerald K - Judicial Member; Antonios Z - Non-Judicial Member

CATCHWORDS: Dismissal from civic office – Local Government Act

LEGISLATION CITED : Local Government Act 1993 Local Government (General) Regulation 2005

Bourne v Murphy (1996) LGERA 329 CASES CITED: Tuffy v Chadban & Anor [2004] NSWADT 216 Borsak v Cheung [2006] NSWADT 5

APPLICANT G Briscoe-Howe, agent REPRESENTATION: RESPONDENT PM Sibtain, counsel

ORDERS: The application is refused.

REASONS FOR DECISION

1 Ronald (Gordon) Lowe has applied to the Tribunal under s 329 of the Local Government Act 1993 ('the Act') for an order that Judy Anne Feeney be dismissed from office as a Councillor with Rockdale City Council.

Background

2 Mrs Feeney lives in Oyster Bay and practices as a solicitor from an office in Bay Street, Brighton Le Sands.

3 On 20 March 2008, Mrs Feeney completed a 'Nomination for Selection – Councillor' form for nomination as a candidate for the Liberal Party for the fourth ward of the Rockdale Local Government Area ('LGA'). On 18 June 2008, she completed a 'Claim for Inclusion in the Roll of Non-Residential Owners of Rateable Land or the Roll of Occupiers and Ratepaying Lessees', stating that she was a ratepaying lessee of rateable land situated in Bay Street, Brighton Le Sands.