Susan Denise Jarvis v Queanbeyan City Council [2002] NSWCA 20

New South Wales Court of Appeal

CITATION : Susan Denise Jarvis v Queanbeyan City Council [2002] NSWCA 20 FILE NUMBER(S) : CA 40399/01 HEARING DATE(S) : 8 February 2002 JUDGMENT DATE : 8 February 2002

PARTIES : Susan Denise Jarvis (Appellant) Queanbeyan City Council (Respondent) JUDGMENT OF : Stein JA at 1; Heydon JA at 22; Mathews AJA at 23

LOWER COURT JURISDICTION : Land & Environment Court LOWER COURT LEC 40030/01 FILE NUMBER(S) : LOWER COURT Sheahan J JUDICIAL OFFICER :

COUNSEL : M G Craig QC/I J Hemmings (Appellant) P Menzies QC/J E Robson (Respondent) SOLICITORS : Johnson & Sendal (Appellant) Baker Deane & Nutt (Respondent) CATCHWORDS : LOCAL GOVERNMENT - powers, functions and duties of councils - Council Resolutions - Code of Conduct - expulsion of Councillor from meetings - utility of appeal - costs - ND LEGISLATION CITED : N/A CASES CITED: Hacienda Apartments Pty Limited v Vago (Unreported, Supreme Court of New South Wales, Young J, 19 May 1988) DECISION : 1) Appeal dismissed 2) Each party pay and bear its and her own costs

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CA 40399/01 STEIN JA HEYDON JA MATHEWS AJA

Friday, 8 February 2002 Susan Denise JARVIS v QUEANBEYAN CITY COUNCIL

Judgment 1 STEIN JA: Before the court is an appeal from a decision given by Sheahan J in the Land and Environment Court on 31 May 2001. His Honour was hearing an application for declaratory relief by the appellant, Susan Denise Jarvis, against the respondent, Queanbeyan City Council.