JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CIVIL
CITATION: ATTORNEY GENERAL FOR WESTERN AUSTRALIA -v- CHEN [2023] WASC 338
CORAM: HOWARD J
HEARD: 8 AUGUST 2023
DELIVERED : 6 SEPTEMBER 2023
FILE NO/S: CIV 1388 of 2022
BETWEEN: ATTORNEY GENERAL FOR WESTERN AUSTRALIA
Applicant
AND
LILY CHEN
Contemnor
Catchwords:
Contempt - Inquiry into the City of Perth - Contemnor issued with a notice to produce statement of information - Whether seven payments received by Contemnor should have been disclosed in notice - Whether Contemnor furnished information knowing it to be false or misleading - Construction of notice - Whether payments fell into exclusions of 'income' under the notice - Whether payments were from Contemnor's occupation/s - Contemnor not under obligation to include the payment in the notice
Legislation:
Corruption, Crime and Misconduct Act 2003 (WA), s 3
Criminal Code 1913 (WA), s 1
Evidence Act 1906 (WA), s 79C
Local Government Act 1995 (WA), s 8.19
Royal Commissions Act 1968 (WA), s 8A
Rules of the Supreme Court 1971 (WA), O 55 r 1
Result:
Application dismissed
Category: B
Representation:
Counsel:
| Applicant | : | C S Bydder SC & J M Misso |
| Contemnor | : | D Edwardson KC & L Wicks |
Solicitors:
| Applicant | : | State Solicitor's Office |
| Contemnor | : | Tindall Gask Bentley Lawyers |
Case(s) referred to in decision(s):
CEO, Department of Environment and Conservation v Szulc [2010] WASC 195
Collopy v Commonwealth Bank of Australia [2019] WASCA 97
Donohoe v The Director of Public Prosecutions (WA) [2011] WASCA 239
Hinch v Attorney-General (Vic) (1987) 164 CLR 15
International Land Developments Pty Ltd v Diamo Nominees Pty Ltd (2007) WAR 201
Kenworthy v R (No 2) [2016] WASCA 207
R & I Bank of Western Australia v Anchorage Investments Pty Ltd (1993) 10 WAR 59
R v Baden-Clay (2016) 258 CLR 308
HOWARD J:
Introduction and this Contempt Charge
Lily Chen was a councillor of the City of Perth.
The City of Perth Council, including Ms Chen, was suspended on 2 March 2018 by the Minister for Local Government pursuant to s 8.19 of the Local Government Act 1995 (WA) (LG Act).
On 24 April 2018, the Hon Minister appointed an Inquiry Panel constituted by Anthony Power (Inquiry Panel).
The Inquiry Panel conducted an inquiry under Pt 8 Div 2 of the LG Act into the City of Perth (Inquiry).
The Inquiry Panel had the powers of a Royal Commission with such modifications as were required and in terms made applicable to the Inquiry: LG Act s 8.20.
On 1 March 2019, the Inquiry Panel issued to Ms Chen a notice to produce a statement of information; it was numbered SOI 7 of 2019 (SOI Notice).[1] The SOI Notice was said to be issued under s 8A of the Royal Commissions Act 1968 (WA) (RC Act) and said to have effect under s 8.20 of the LG Act.
[1] The SOI…
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