M & R Civil Pty Limited v Hornsby Council [2003] NSWLEC 14

> Land and Environment Court of New South Wales

CITATION : M & R Civil Pty Limited v Hornsby Council [2003] NSWLEC 14 APPLICANT: M & R Civil Pty Limited PARTIES : RESPONDENT: Hornsby Council FILE NUMBER(S) : (4)0466 of 2002 CORAM: Bignold J Injunctions and Declarations :- Duty of Council to make available to public copies of its business papers-correlative right of Applicant KEY ISSUES: as member of public to inspect free of charge agenda and business papers to be considered at Council Meeting LEGISLATION CITED: Local Government Act 1993 CASES CITED: DATES OF HEARING: 07/08/02 EX TEMPORE JUDGMENT DATE : 08/07/2002

APPLICANT: Mr D Miller, Barrister SOLICITORS Maddocks

LEGAL REPRESENTATIVES: RESPONDENT: Mr T Pickup, Solicitor SOLICITORS Solicitor for Hornsby Council

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Matter No . . (4)0466 of 2002 Coram : Bignold J 7 August 2002

M AND R CIVIL PTY LIMITED

Applicant

v

HORNSBY COUNCIL

Respondent

JUDGMENT

1. I think I should publish written reasons for this matter because I think it is (so far as I am aware) the first time a case of this nature has come to the Court, so that I will give it the benefit of considered reasons.

2. It is obvious from what I have said during the presentation of the case that I am satisfied in this particular case that the duty imposed upon the Council by the Local Government Act 1993, s 9(2) and the co-relative right conferred by s 12 upon the Applicant as a member of the public (indeed, one more vitally affected than any other member because it is his development application that is before the Council) have been vindicated and the only way for each to be vindicated, in view of the evidence in this case, is for the Court to so declare and for the Court to make appropriate orders in vindication of that right and in enforcement of that duty: see the Local Government Act 1993, s 672 to 674.