Wy Kanak v NSW Local Government Pecuniary Interest Tribunal & 1 Or [2004] NSWCA 196

Reported Decision : 134 LGERA 176

New South Wales Court of Appeal

CITATION : Wy Kanak v NSW Local Government Pecuniary Interest Tribunal & 1 Or [2004] NSWCA 196 HEARING DATE(S) : 16/06/04 JUDGMENT DATE : 6 July 2004

JUDGMENT OF : Mason P at 1; Beazley JA at 2; Ipp JA at 3 DECISION : (1) The appeal succeeds to a limited extent (2) The finding by the Tribunal that the appellant contravened s 451(1) should be set aside (3) The findings that the appellant contravened s 451(2) and s 451(3) remain unaltered (4) The penalty imposed by the Tribunal that the appellant be reprimanded for his breaches of the Act remains unaltered (5) The Director-General pay the appellant's costs of the appeal.

CATCHWORDS : LOCAL GOVERNMENT - Tribunal finding that, contrary to s 451 of the Local Government Act 1993 (NSW), a councillor had failed to declare a pecuniary interest in a matter before the council - Whether discrepancy between complaint and notice - Procedure under the Local Government Act 1993 (NSW) - Whether motion itself sufficiently disclosed pecuniary interest - Whether further requirement of oral disclosure - Where finding by Tribunal that notice of pecuniary interest had been given in the motion - Whether matter should be remitted for sentencing afresh. ND LEGISLATION CITED : Local Government Act 1993 (NSW) ss 9(1) & (2), 367, 451, 454, 460, 462, 466, 468, 469, 478(1) & (2), 485(1) Local Government Amendment Act 2000 (NSW) Dominic Wy Kanak (Appellant) PARTIES : NSW Local Government Pecuniary Interest Tribunal (First Respondent) Director-General NSW Department of Local Government (Second Respondent) FILE NUMBER(S) : CA 40112/03 J Keys (Appellant) COUNSEL : Submitting Appearance (First Respondent) M A Robinson (Second Respondent) SOLICITORS : For Self (Appellant) I V Knight, Crown Solicitor (First & Second Respondents)