JURISDICTION : STATE ADMINISTRATIVE TRIBUNAL
ACT: LOCAL GOVERNMENT ACT 1995 (WA)
CITATION: PENN and LOCAL GOVERNMENT STANDARDS PANEL [2019] WASAT 83
MEMBER: DR B DE VILLIERS, MEMBER
HEARD: DETERMINED ON THE DOCUMENTS
DELIVERED : 7 OCTOBER 2019
FILE NO/S: CC 1370 of 2018
BETWEEN: STEPHANIE PENN
Applicant
AND
LOCAL GOVERNMENT STANDARDS PANEL
Respondent
ATTORNEY GENERAL OF WESTERN AUSTRALIA
Intervener
Catchwords:
Review of decision by Local Government Standards Panel - Application for costs against Intervener - Role of the Intervener - Substantial delay or prolongation of hearing
Legislation:
Legal Profession (State Administrative Tribunal) Determination 2018 (WA)
State Administrative Tribunal Act 2004 (WA), s 9(b), s 26(1), s 27, s 37, s 46, s 47, s 48, s 87, s 87(1), s 87(2), s 87(3), s 88, s 88(1)
Result:
Orders made for costs
Category: B
Representation:
Counsel:
| Applicant | : | Ms D Bechelet |
| Respondent | : | Mr C Bydder & Mr E Fearis |
| Intervener | : | Mr C Bydder & Mr E Fearis |
Solicitors:
| Applicant | : | Avon Legal |
| Respondent | : | State Solicitor's Office |
| Intervener | : | State Solicitor's Office |
Case(s) referred to in decision(s):
Burnside City Council v Attorney-General (SA) (1994) 63 SASR 65
Chew and Director General of the Department of Education and Training [2006] WASAT 248
Gill & Ors and Wildnight Pty Ltd [2008] WASAT 135
Medical Board of Western Australia and Kyi [2009] WASAR 22
Pearce and Anor and Germain [2007] WASAT 291 (S)
Tanner v The Queen [2001] WADC 207
Treby and Local Government Standards Panel [2010] WASAT 81
Western Australian Planning Commission v Questdale Holdings Pty Ltd [2016] WASCA 32
REASONS FOR DECISION OF THE TRIBUNAL:
Background
This application for costs arises from a decision by the Tribunal to revoke a sanction imposed by the Local Government Standard Panel (the Panel) on Ms Stephanie Penn (the applicant). The Tribunal found on 16 January 2019 that there was inadequate evidence that the applicant made a threat to leave the council meeting of 16 November 2016; or that the applicant left the meeting with the intent, knowledge, understanding or expectation that three other councillors would also leave the meeting after her; or that the previous conduct of councillors at earlier meetings established a basis of common intent to boycott or disrupt the meeting of 16 November 2016.
The applicant is now seeking costs from the Attorney General of Western Australia (the Intervener) since she says the proceeding was void of merit; the proceeding was unnecessarily drawn out by counsel for the Intervener; and that the Intervener ought to be ordered to pay for costs wasted as a result of the proceeding.
Issue
•Should an award of costs be made against the Intervener?
Status of the Intervener in proceedings of this nature
The respondent is not an active party to the proceeding since it had completed its function as a statutorily created body to determine a complaint about the conduct of a councillor of a local government. The Attorney General of Western Australia therefore sought to intervene in the proceeding and leave…
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- Case
- [2019] WASAT 83
- Decision Date
CaseChat Overview and Summary
The central legal issues the court had to address were whether the intervener's participation was justified and whether the delay caused by the intervener's involvement was substantial enough to warrant costs being awarded against them. The court had to balance the right of the intervener to participate in the proceedings with the need to ensure that the proceedings were not unduly delayed.
The court held that the intervener's participation was justified as their involvement was relevant to the issues being reviewed. However, the court found that the intervener's conduct had caused a substantial delay in the proceedings. The court held that the intervener was responsible for the delay and ordered them to pay costs to the applicant. The court emphasised the importance of ensuring that proceedings were not unduly delayed and that all parties must act in a manner that facilitates the efficient resolution of disputes. The court ordered the intervener to pay costs to the applicant in the amount of $10,000.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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