Chief Executive, Office of Local Government v Cornish [2018] NSWCATOD 110

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chief Executive, Office of Local Government v Cornish [2018] NSWCATOD 110 Hearing dates: 14 February 2018 and 20 April 2018 Date of orders: 12 July 2018 Decision date: 12 July 2018 Jurisdiction: Occupational Division Before: R C Titterton, Principal Member Decision: (1) The respondent's right to payment is suspended for a period of three months from the date of these reasons. Catchwords: TRADES AND OCCUPATIONS – misconduct by Councillor who failed to comply with Council resolutions – relevant considerations – suspension of right to payment Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Local Government Act 1993 (NSW) Local Government (General) Regulation 2005 (NSW) Trade Practices Act 1974 (NSW) Cases Cited: Commonwealth v Baume (1905) 2 CLR 405 Cornish v The Chief Executive of the Office of Local Director-General, Department of Premier and Cabinet; Re Councillor Martin Ticehurst, LGPIDT 06/2012, 27 June 2013 Government [2016] NSWCATOD 13 Cornish v The Chief Executive of the Office of Local Government [2016] NSWCATOD 14 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Illawarra Hotel Company Pty Ltd v Walton Construction Pty Ltd [2013] NSWCA 6 Mehajer v Chief Executive of the Office of Local Government [2014] NSWSC 1804 NSW Bar Association v Meakes [2006] NSWCA 340 Office of Local Government v Genevieve Campbell of Murray Shire Council [2015] NSWCATOD 129 Office of Local Government v Mehajer [2016] NSWCATOD 10 Office of Local Government v Pauling [2014] NSWCATOD 121 Office of Local Government v Councillor Martin Ticehurst of Lithgow City Council [2016] NSWCATOD 122 Office of Local Government v Shelley [2018] NSWCATOD 103 Ousley v The Queen [1997] HCA 49; (1997) 1992 CLR 69; (1997) 148 ALR 510 Phillips v Director-General, Department of Premier and Cabinet [2014] NSWCATOD 48 Re Trade Practices Tribunal; ex parte Tooheys Ltd (1977) 16 ALR 609 Sidgreaves v Chief Commissioner of State Revenue [2018] NSWCATAP 20 Texts Cited: Maxwell, On The Interpretation of Statutes, 12th ed Pearce and Geddes, Statutory Interpretation in Australia, (online Edition) Category: Principal judgment Parties: Chief Executive, Office of Local Government (Applicant) Marcus Cornish (Respondent) Representation: Counsel: P King (Applicant) B Tronson (Respondent)