Laurie v New South Wales Aboriginal Land Council (No 4) [2009] NSWLEC 161

Land and Environment Court of New South Wales

CITATION : Laurie v New South Wales Aboriginal Land Council (No 4) [2009] NSWLEC 161

APPLICANT/FIRST CROSS-DEFENDANT Patricia Helen Laurie FIRST RESPONDENT/CROSS-CLAIMANT New South Wales Aboriginal Land Council PARTIES : SECOND RESPONDENT Registrar, Aboriginal Land Rights Act 1983 SECOND CROSS-DEFENDANT Brian Decelis THIRD CROSS-DEFENDANT Electoral Commissioner for New South Wales

FILE NUMBER(S) : 40616 of 2008

CORAM: Pain J

INJUNCTIONS AND DECLARATIONS :- declaration sought that applicant continues to hold office as councillor of NSW Aboriginal Land Council - declaration sought by cross-claimant that there is a casual vacancy in office of councillor - whether applicant became disqualified on taking office as councillor because of traffic conviction

JURISDICTION :- whether jurisdiction to determine cross-claim under s 20(2) of the Land and Environment Court Act 1979 - whether cross-claim ancillary to applicant's claim under s 16(1A) of of the Land and Environment Court Act 1979 - whether implied repeal of court's jurisdiction to determine cross-claim by conferral of jurisdiction on Administrative Decisions Tribunal to declare office of councillor vacant KEY ISSUES: JUDICIAL REVIEW :- whether Court has power to declare office vacant - whether effect of declaration of vacancy removes applicant from position of councillor - whether stay of declaration can be granted by this Court or other court - whether to suspend or postpone making of declaration