Mehajer v Director-General of the Department of Local Government [2016] NSWSC 143

Supreme Court New South Wales

Medium Neutral Citation: Mehajer v Director-General of the Department of Local Government [2016] NSWSC 143 Hearing dates: 5 February 2016 Date of orders: 26 February 2016 Decision date: 26 February 2016 Before: Garling J Decision: (1) The decision of the New South Wales Civil and Administrative Tribunal (Occupational Division) dated 29 January 2016 being [2016] NSWCATOD 10, be set aside. (2) No order as to costs. Catchwords: APPEAL – appeal against decision of NCAT – Civil and Administrative Tribunal Act 2013, sch 5 cl 29(2) – whether NCAT committed an error of law in holding that the plaintiff was obliged to disclose his pecuniary interest in property – Local Government Act 1993 (NSW), s 451

STATUTORY INTERPRETATION – words and phrases – "change of the permissible uses" – Local Government Act 1993 (NSW), s 448(g) Legislation Cited: Civil and Administrative Tribunal Act 2013 Environmental Planning and Assessment Act 1979 Interpretation Act 1987 Local Government Act 1993 Cases Cited: Agostino v Penrith City Council [2010] NSWCA 20; (2010) 172 LGERA 380 Australian Education Union v Department of Education and Children's Services [2012] HCA 3; (2012) 248 CLR 1 Certain Lloyds Underwriters v Cross [2012] HCA 56; (2012) 248 CLR 378 Texts Cited: Not Applicable Category: Principal judgment Parties: Salim Mehajer (Plaintiff) Director-General of the Department of Local Government (Defendant) Representation: Counsel: M Finnane QC / R Graycar (Plaintiff) B Tronson (Defendant)