Christine Deborah Anderson v The Council of the City of Lismore & anor [2011] NSWSC 1058

Supreme Court New South Wales

Medium Neutral Citation: Christine Deborah Anderson v The Council of the City of Lismore & anor [2011] NSWSC 1058 Hearing dates: 11 and 12 August 2011 Decision date: 12 August 2011 Jurisdiction: Common Law Before: Brereton J Decision: Declare the resolutions of Lismore City Council of 12 October 2010 insofar as they relate to the property of Ms Anderson, and the contract between Lismore City Council and Mr Meuleman made on 14 May 2011, void. Order that Lismore City Council be restrained from taking any further step in pursuance of such resolutions or contract. Order that Lismore City Council pay one-third of Ms Anderson's costs Catchwords: ADMINISTRATIVE LAW - Local government - Local Government Councils have power to sell ratepayer's real property under (NSW) Local Government Act s 713 if ratepayers fail to pay rates for five or more years - Local Government Act s 582 affords Councils a discretion to waive outstanding rates for pensioner ratepayers - defendant Council has policy to not exercise power to sell land of pensioners' who have not paid rates except in 'exceptional circumstances' - pensioner does not pay rates for 10 years - Council sells property - policy gives rise to legitimate expectation Council would not sell property - if Council proposed to sell pensioner's property contrary to policy obliged to inform pensioner as to what 'exceptional circumstances' alleged and to afford pensioner opportunity to make submissions as to why policy should not be departed from - Council fails to afford pensioner opportunity to make submissions - pensioner denied procedural fairness. ADMINISTRATIVE LAW - Remedies - where act or decision contrary to natural justice - discussion of authorities - decisions contrary to natural justice are retrospectively void ab initio - if relief discretionary, circumstances of current case including illness of pensioner plaintiff and absence of manifest prejudice to second defendant would not warrant declining relief. Legislation Cited: (NSW) Local Government Act, s 377, s 582, s 583, s 713, s 715, s 716, s 718, s 719, s 720, s 722, s 725, s 726 (NSW) Local Government (General) Regulations 2005 Cases Cited: Annetts v McCann (1990) 170 CLR 596 Calvin v Carr [1979] 1 NSWLR 1 Carson v Legal Services Commissioner [2000] NSWSC 308 Forbes v New South Wales Trotting Club Limited (1979) 143 CLR 242 Haoucher v Minister of State for Immigration and Ethnic Affairs (1990) 169 CLR 648 Kioa v West (1985) 159 CLR 550 Minister of State for Immigration and Ethnic Affairs v Ah Hin Teoh (1995) 183 CLR 273 Quzag v Gunning Shire Council [2005] NSWSC 970 Category: Principal judgment Parties: Ms Christine Deborah Anderson (plaintiff) The Council of the City of Lismore (first defendant) Mr Nathan Henry Meuleman (second defendant) Representation: Counsel: Mr Van Aalst (plaintiff) Mr Atkin (first defendant) Mr Doyle Gray (second defendant) Solicitors: Northern Rivers Community Legal Centre (plaintiff) Riley & Riley (first defendant) Woodward Lawyers (second defendant) File Number(s): 2011/00212948