Styles v Wollondilly Shire Council - [2001] NSWLEC 18

Land and Environment Court

of New South Wales

CITATION: Styles v Wollondilly Shire Council [2001] NSWLEC 18

PARTIES: APPLICANT
Lynette Mary Styles
RESPONDENT
Wollondilly Shire Council

FILE NUMBER(S): 40153 of 1999

CORAM: Sheahan J

KEY ISSUES:
Local Government :- confidentiality of documents - access of councillors to information - closure of meetings to the public - questions of order at meetings - expulsion of councillors from meetings of Council and its committees - minutes of meetings
Injunctions and Declarations - privative clauses - discretion - power to award "general damages" if discretion exercised to grant declaratory relief

LEGISLATION CITED: Local Government Act 1993
Local Government (Meetings) Regulation 1993

CASES CITED: Darling Casino Ltd v NSW Casino Control Authority & Ors (1997) 191 CLR 602;
Drummoyne Municipal Council v Marshall (1989) 68 LGRA 258;
Gardiner & Anor v Hornsby Council [2000] NSWLEC 37;
Hacienda Apartments Pty Ltd v Vago (Young J, 19 May 1998);
Hickman v Snowy River Shire Council (1998) 100 LGERA 71;
Nix & Dunn v Pittwater Council (1994) 84 LGERA 199;
NTL Australasia Pty Ltd v Minister for Land & Water Conservation [2001] NSWLEC 5;
R v Hickman Ex parte Fox (1945) 70 CLR 595;
Ryde City Council v Echt & Anor [2000] NSWCA 108;
Sankey v Whitlam (1978) 142 CLR 1;
Sericott v Snowy River Shire Council (1998) 100 LGERA 71;
Styles v Wollondilly Shire Council [1999] NSWLEC 210;
Sullivan v Casino Municipal Council & Anor [1973] 2 NSWLR 708 ;
Warringah Council v Edmondson & Ors [2001] NSWCA 1;
Wherry v Sisters of Charity [2000] NSWLEC 252;
Wilcox v Kogarah Golf Club Ltd (Young J, 23 November 1995)

DATES OF HEARING: 23/07/1999, 26/07/1999, 11/02/2000, 10-11/04/2000, 24-25/07/2000,

DATE OF JUDGMENT:
03/01/2001

LEGAL REPRESENTATIVES:
APPLICANT
Barrister
Mr J McKenzie
Solicitors Johnson & Sendall
(Applicant in person 23/07/1999)
RESPONDENT
Barrister
Mr D Wilson
Solicitors
Marsdens

JUDGMENT:

IN THE LAND AND Matter No: 40153 of 1999
ENVIRONMENT COURT Coram: Sheahan J
OF NEW SOUTH WALES 1 March 2001

LYNETTE MARY STYLES

Applicant

WOLLONDILLY SHIRE COUNCIL

Respondent

JUDGMENT

Introduction

1. The NSW Local Government Act 1993 (“LG Act”) provides for the operation of a system of local government in this State. It invests elected local councils with autonomy to conduct their own affairs in a climate of openness and public accountability (see Annexure ‘D’ to Ms Styles’ affidavit 23 July 1999).

2. There is considerable public interest in the affairs and conduct of local councils, and in ensuring that their affairs are conducted in accordance with the law.

3. The LG Act has been held to be a “planning or environmental law”, which attracts the jurisdiction of this court to legal error in the local government sector, and/or to the enforcement of any rights, duties or obligations arising under it. Ryde City Council v Echt & Anor [2000] NSWCA 108 (at par 17 per Spigelman CJ).

4. This case concerns the affairs of Wollondilly Shire Council…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2001] NSWLEC 18
Decision Date: 03/01/2001

CaseChat Overview and Summary

In the case of Styles v Wollondilly Shire Council, the applicant, Lynette Mary Styles, sought declarations and damages from the respondent, Wollondilly Shire Council, after being expelled from Council meetings. The court dismissed the application and ordered the applicant to pay the Council's costs on a party/party basis, staying the order for 21 days to allow time for the Council to file a Notice of Motion seeking its vacation in favour of some other order as to costs. The court found that there was no basis for the declarations sought by Styles, and there was no authority for the court to award general damages in these proceedings. While the court acknowledged the difficulties and distress caused by these events, it concluded that the Council's actions were lawful in all the circumstances. The court also noted that Council's handling of the matter exposed it to criticism, but ultimately decided not to exercise its discretion to refuse relief.

Orders