Barrak v City of Parramatta Council [2019] NSWCA 213

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Barrak v City of Parramatta Council [2019] NSWCA 213 Hearing dates: 17 July 2019 Decision date: 03 September 2019 Before: Payne JA at [1]; White JA at [4]; McCallum JA at [149] Decision: (1) appeal allowed in part; (2) set aside the orders of the Land and Environment Court made on 29 April 2019 and in lieu thereof make the declarations and orders in paras (3)-(8) below; (3) declare that the appellant was not bound by the respondent's resolution of 20 February 2019 that the appellant return documents; (4) declare that at its meetings on 25 February, 6, 11 and 25 March, and 8 April 2019, the respondent was entitled to require that the appellant apologise unreservedly to the Chair and Councillors for insulting and making personal reflections on the Mayor on 20 February 2019, and was entitled to require the appellant to return confidential papers provided to him for the meeting on 20 February 2019 and notes made by him at that meeting; (5) declare that the respondent was entitled to expel the appellant from its meetings of 25 February, 6, 11 and 25 March, and 8 April 2019 for not providing the apology referred to in declaration (4); (6) declare that the respondent was not otherwise entitled to expel the appellant from meetings; (7) order that the summons be otherwise dismissed; (8) order each party bear his and its own costs of the proceedings in the Land and Environment Court and of the appeal. Catchwords: LOCAL GOVERNMENT — powers, functions and duties — power of mayor and council to expel councillor for "act of disorder" — whether describing mayor as "clown" during meeting an "act of disorder" — whether power of expulsion validly exercised — whether dispute suitable for adjudication by Land and Environment Court