M and R Civil Pty Limited v Hornsby Council

[2003] NSWLEC 14

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Land and Environment Court

of New South Wales

CITATION:	M & R Civil Pty Limited v Hornsby Council [2003] NSWLEC 14
PARTIES:	APPLICANT: M & R Civil Pty Limited RESPONDENT: Hornsby Council
FILE NUMBER(S):	(4)0466 of 2002
CORAM:	Bignold J
KEY ISSUES:	Injunctions and Declarations :- Duty of Council to make available to public copies of its business papers-correlative right of Applicant as member of public to inspect free of charge agenda and business papers to be considered at Council Meeting
LEGISLATION CITED:	Local Government Act 1993
CASES CITED:
DATES OF HEARING:	07/08/02
EX TEMPORE JUDGMENT DATE :	08/07/2002
LEGAL REPRESENTATIVES:	APPLICANT: Mr D Miller, Barrister SOLICITORS Maddocks RESPONDENT: Mr T Pickup, Solicitor SOLICITORS Solicitor for Hornsby Council

JUDGMENT:

IN THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Matter No . . (4)0466 of 2002

Coram : Bignold J

7 August 2002

M AND R CIVIL PTY LIMITED

Applicant

v

HORNSBY COUNCIL

Respondent

JUDGMENT

1. I think I should publish written reasons for this matter because I think it is (so far as I am aware) the first time a case of this nature has come to the Court, so that I will give it the benefit of considered reasons.

2. It is obvious from what I have said during the presentation of the case that I am satisfied in this particular case that the duty imposed upon the Council by the Local Government Act 1993, s 9(2) and the co-relative right conferred by s 12 upon the Applicant as a member of the public (indeed, one more vitally affected than any other member because it is his development application that is before the Council) have been vindicated and the only way for each to be vindicated, in view of the evidence in this case, is for the Court to so declare and for the Court to make appropriate orders in vindication of that right and in enforcement of that duty: see the Local Government Act 1993, s 672 to 674.

3. The matter has been substantially resolved by the Council proffering an undertaking consequent upon the announcement of my finding both as one of fact and of law that the aforesaid duty and the co-relative right have not been taken away by force of any other provision of the Local Government Act, and in particular, s 9(2A).

4. In those circumstances I accept the undertaking offered by the Council that it will not deal with the relevant item at its meeting tonight, that being item No 16 on its Agenda other than to defer consideration of that item to its next meeting of the Planning Committee in two weeks time and that the Report as sought in the paragraph 1 of the originating process (being a copy of the report, the subject of that Item 16) be made available to the Applicant’s Solicitors by the close of business on Friday 9 August with the legal content or the legal advice content in that report expunged and notated in the conventional manner.

5. The Respondent is also ordered to pay the costs of the Applicant in the proceedings in the sum agreed or, failing agreement, as assessed. Detailed reasons for my decision will be published in due course.