Styles v Wollondilly Shire Council

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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

v

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…

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Details
Case
[2001] NSWLEC 18
Decision Date

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.

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