Ryde City Council v Ivan Petch [2012] NSWSC 1042

Supreme Court New South Wales

Medium Neutral Citation: Ryde City Council v Ivan Petch [2012] NSWSC 1042 Hearing dates: 13 August 2012 Decision date: 14 August 2012 Before: McCallum J Decision: Plaintiff's application under s 20B of the Public Interest Disclosures Act 1994 seeking urgent injunctive relief allowed. Parties to be heard as to form of relief granted. Catchwords: LOCAL GOVERNMENT - legal relationships and proceedings - procedure relating to legal proceedings by and against councils - authority of a mayor to commence proceedings in the name of the council;

STATUTES - acts of parliament - enforcement of statutory rights and remedies - power to grant injunctive relief under s 20B of the Public Interest Disclosures Act- whether prima facie case established;

LOCAL GOVERNMENT - powers, functions and duties of councils generally - whether individual councillors can be restrained from acting in a particular way at a council meeting Legislation Cited: Local Government Act 1993 Local Government (General) Regulation 2005 Public Interest Disclosures Act 1994 Cases Cited: ABC v Lenah Game Meats Pty Ltd [2001] HCA 63 ABC v O'Neill [2006] HCA 46; American Cyanamid Co v Ethicon Ltd [1975] AC 396 Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 61 Category: Interlocutory applications Parties: Ryde City Council (plaintiff) Ivan John Petch (first defendant) Terrence William Perram (second defendant) Victor Joseph Tagg (third defendant) Jeff Salverstro-Martin (fourth defendant) Michael Butterworth (fifth defendant) Justin Li (sixth defendant) Representation: Counsel: C Leggat SC, S Nash (plaintiff) K Oliver (first to sixth defendants) Solicitors: HWL Ebsworth Lawyers (plaintiff) AJL Legal (first to sixth defendants) File Number(s): 2012/249917