Lowe v Feeney

[2009] NSWADT 124

CITATION:	Lowe v Feeney [2009] NSWADT 124
DIVISION:	General Division
PARTIES:	APPLICANT Ronald (Gordon) Lowe REPSONDENT Judy Anne Feeney
FILE NUMBER:	083364
HEARING DATES:	15 May 2009
SUBMISSIONS CLOSED:	15 May 2009
DATE OF DECISION:	26 May 2009
BEFORE:	Handley R - Deputy President; Fitzgerald K - Judicial Member; Antonios Z - Non-Judicial Member
CATCHWORDS:	Dismissal from civic office – Local Government Act
LEGISLATION CITED:	Local Government Act 1993 Local Government (General) Regulation 2005
CASES CITED:	Bourne v Murphy (1996) LGERA 329 Tuffy v Chadban & Anor [2004] NSWADT 216 Borsak v Cheung [2006] NSWADT 5
REPRESENTATION:	APPLICANT G Briscoe-Howe, agent RESPONDENT PM Sibtain, counsel
ORDERS:	The application is refused.

REASONS FOR DECISION

1 Ronald (Gordon) Lowe has applied to the Tribunal under s 329 of the Local Government Act 1993 (‘the Act’) for an order that Judy Anne Feeney be dismissed from office as a Councillor with Rockdale City Council.

Background

2 Mrs Feeney lives in Oyster Bay and practices as a solicitor from an office in Bay Street, Brighton Le Sands.

3 On 20 March 2008, Mrs Feeney completed a ‘Nomination for Selection – Councillor’ form for nomination as a candidate for the Liberal Party for the fourth ward of the Rockdale Local Government Area (‘LGA’). On 18 June 2008, she completed a ‘Claim for Inclusion in the Roll of Non-Residential Owners of Rateable Land or the Roll of Occupiers and Ratepaying Lessees’, stating that she was a ratepaying lessee of rateable land situated in Bay Street, Brighton Le Sands.

4 On 2 August 2008, Mrs Feeney completed a ‘Nomination of Candidate by Registered Political Party – Local Government’ form (‘the Form’). On p 3 of the Form, under the heading ‘Candidate Details’, where asked to specify her ‘Place of Residence as Enrolled’, Mrs Feeney specified her Brighton Le Sands address. On p 5 of the Form, under the heading ‘Candidate Information Sheet’, where asked to specify her ‘Full Residential Address’, Mrs Feeney again specified her Brighton Le Sands address.

5 In election material sent by Mrs Feeney to households in the fourth ward of the Rockdale LGA, she described her local connections, including running her practice as a solicitor in the City of Rockdale.

6 The Local Government elections were held on 13 September 2008 and, when the results were announced on or about 25 September 2008, Mrs Feeney was elected as a Councillor in the fourth ward of the Rockdale LGA.

7 On 12 December 2008, Mr Lowe applied to the Tribunal under s 329 of the Act for an order that Mrs Feeney should be dismissed from her position as a Councillor on the ground that she made a false declaration by not stating her full residential address under the heading ‘Candidate Information Sheet’ on p 5 of the Form.

The Relevant Law

8 At the hearing, Mr Briscoe-Hough, for Mr Lowe, confirmed that Mr Lowe is neither challenging Mrs Feeney’s qualification for civic office nor contending, as previously submitted, that she is disqualified from…