Mauger v Wingecarribee Shire Council [2015] NSWSC 1022

Supreme Court New South Wales

Medium Neutral Citation: Mauger v Wingecarribee Shire Council [2015] NSWSC 1022 Hearing dates: 11 & 12 November 2014 Date of orders: 31 July 2015 Decision date: 31 July 2015 Jurisdiction: Common Law Before: Davies J Decision: 1. The parties should bring in Short Minutes to reflect these reasons. 2. I will hear the parties on costs. Catchwords: ADMINISTRATIVE LAW – judicial review – referral of local councillor under the Council's Code of Conduct – two sets of complaints - whether general manager had jurisdiction to refer the complaints to a review committee – whether councillor should have been given notice before referral – whether denied procedural fairness – whether committee's findings demonstrated breach of Code – decision of acting general manager to resolve complaints other than by referral – complaints subsequently referred to sole reviewer by new general manager – whether general manager functus officio – draft report provided to councillor – subsequent enquiries and information obtained by reviewer – no further contact with councillor before final report issued – whether procedural fairness denied – whether errors of law through failure of reviewer to make express reference to matter in the Code Legislation Cited: Interpretation Act 1897 (NSW) Interpretation Act 1987 (NSW) Local Government Act 1993 (NSW) Protection of the Environment Operations Act 1997 (NSW) Cases Cited: Ainsworth v Criminal Justice Commission [1992] HCA 10; (1992) 175 CLR 564 Brennan v New South Wales Land and Housing Corporation; New South Wales Land and Housing Corporation v Brennan [2011] NSWCA 298; (2011) 83 NSWLR 23 Edelsten v Health Insurance Commission (1990) 27 FCR 56 Kioa v West (1985) 159 CLR 550 Minister for Immigration, Local Government and Ethnic Affairs v Kurtovic (1990) 21 FCR 193 Nichols v Singleton Council (No 2) [2011] NSWSC 1517 Parkes Rural Distributions Pty Ltd v Glasson (1986) 7 NSWLR 332 Project Blue Sky v Aba [1998] HCA 28; (1998) 194 CLR 355 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex Parte Lam [2003] HCA 6; (2003) 214 CLR 1 Re Minister for Immigration and Multicultural Affairs; Ex parte Miah [2001] HCA 22; (2001) 206 CLR 57 Rees v Crane [1994] 2 AC 173 Stead v State Government Insurance Office (1986) 161 CLR 141 VEAL v The Minister for Immigration [2205] HCA 72; (2005) 225 CLR 88 Category: Principal judgment Parties: James Mauger (Plaintiff) Wingecarribee Shire Council (Defendant) Representation: Counsel: J D Smith SC & V McWilliam (Plaintiff) M A Robinson SC & A Poljak (Defendant)