Land and Environment Court
of New South Wales
CITATION: Shellharbour City Council v Stewart [2008] NSWLEC 151
This decision has been amended. Please see the end of the judgment for a list of the amendments.PARTIES: APPLICANT:
Shellharbour City CouncilFIRST RESPONDENT:
SECOND RESPONDENT:
Helen Stewart
Geoff RoseFILE NUMBER(S): 41097 of 2004 CORAM: Biscoe J KEY ISSUES: Civil Enforcement :- Whether local government councillors disclosed information obtained in connection with the administration or execution of the Local Government Act 1993 in breach of s 664(1) and (1A) - Standard of proof taking into account the gravity of the matters alleged - Nature of circumstantial evidence. LEGISLATION CITED: Evidence Act 1995 (NSW), s 140
Local Government Act 1993 (NSW), ss 10A, 428, 664, 666, 673(1), 676(1)CASES CITED: Briginshaw v Briginshaw (1938) 60 CLR 336
City of Canada Bay Council v Bonaccorso Pty Ltd (No 3) [2008] NSWCA 57
F & D Bonaccorso Pty Ltd v City of Canada Bay Council (No 3) [2007] NSWLEC 569
Gianoutsos v Glykis (2006) 65 NSWLR 539
Jones v Dunkel (1959) 101 CLR 298
Martin v Osborne (1936) 55 CLR 367
R v Buckland [1977] 2 NSWLR 452
Shepherd v The Queen (1990) 170 CLR 573
Vines v Australian Securities and Investments Commission (2007) 62 ACSR 1DATES OF HEARING: 31/7/07, 1-2/8/07, 2/10/07, 11-14/2/08, 25-26/3/08
DATE OF JUDGMENT:
23 April 2008LEGAL REPRESENTATIVES: APPLICANT:
Mr B. McClintock SC (until 2/10/07) and Mr K. Connor SC
Mr F. Douglas QC (from 11/2/08)
SOLICITORS:
MaddocksFIRST RESPONDENT:
SECOND RESPONDENT:
Mr P. Clay (until 2/10/07) and Mr N. Eastman (until 2/8/07)
Mr W. Moss (from 11/2/08)
SOLICITORS:
Russell McLelland Brown (until 11/2/08)
Robert Watson Solicitor (from 11/2/08)
Mr P. Clay (until 2/10/07) and Mr N. Eastman (until 2/8/07)
Mr P. Maiden SC (from 11/2/08)
SOLICITORS:
Russell McLelland Brown
JUDGMENT:
THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALESBISCOE J
23 April 2008
41097 of 2006
JUDGMENTSHELLHARBOUR CITY COUNCIL v STEWART & ANOR
1 HIS HONOUR: These unprecedented proceedings concern alleged unauthorised disclosures of information by local government councillors. The applicant, Shellharbour City Council, claims a declaration that two of its councillors, the respondents Helen Stewart and Geoff Rose, disclosed information obtained in connection with the administration or execution of the Local Government Act 1993 (NSW) (LG Act) in breach of s 664(1) and (1A). The council also claims consequential orders, including that the respondents be restrained from any further disclosures of information in breach of s 664 and that they deliver up any documents that have been or might be utilised by them.
2 The council alleges that the disclosure of information occurred as follows:
(a) on about 29 March 2006, Councillor Stewart telephoned and offered to fax, and then did fax, to Mr Peter Holstein, business papers and a confidential agenda for a closed committee meeting of council to be held on 29 March 2006, intending or knowing that they were likely to be posted on an internet website called the…
Keep reading for free
Create a free CaseChat account to read Shellharbour City Council v Stewart and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2008] NSWLEC 151
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.