Borsak v Cheung

The case of Borsak v Cheung involved a dispute about the dismissal of a Councillor from the Municipality of Ashfield under the Local Government Act. The applicant, Borsak, sought the dismissal of the respondent, Cheung, from his civic office, alleging misconduct and unfitness for office. The Local Government Tribunal was the court where this case was heard.

The central legal issues before the Tribunal were whether Cheung's actions constituted misconduct and unfitness for office as defined by the Local Government Act, and if so, whether these grounds justified his dismissal from the civic office. The Tribunal had to consider whether Cheung's conduct was sufficiently serious to warrant such a drastic measure and whether there were any mitigating factors that could have been taken into account.

The Tribunal found that Cheung's actions did indeed constitute misconduct and unfitness for office, primarily due to his failure to uphold the integrity and standards expected of a Councillor. The Tribunal concluded that Cheung's conduct had damaged the reputation of the Municipality and eroded public confidence in the local government. Consequently, the Tribunal ordered Cheung's dismissal from his civic office. The Tribunal also directed that the parties make submissions on the applicant's application for costs, in accordance with specific directions.