Armidale Regional Council v O’Connor [2020] NSWLEC 53

Armidale Regional Council v O’Connor [2020] NSWLEC 53

Because the Council meeting was due to commence imminently, the applicants had shown a serious question to be tried, Susan Law proffered the usual undertaking as to damages, and the balance of convenience favoured limited interim restraint, the respondents were restrained until further order from attending and voting on the relevant item or any notice of motion revoking Susan Law's instrument of delegation.

Jurisdiction
Australia
Judgment Date
11 May 2020
Procedural Posture
Class 4 Proceedings for Urgent Interlocutory Injunctive Relief / Notice of Motion Heard Instanter; Ex Tempore Judgment
Outcome
Urgent limited interlocutory injunctive relief granted; matter stood over; costs reserved.
Legal Topics
['interlocutory Injunction' 'urgent Injunctive Relief' 'balance of Convenience' 'council Meeting' 'removal of Chief Executive Officer' 'service of Originating Process']
['civil Procedure' 'local Government'] ['interlocutory Injunction' 'urgent Injunctive Relief' 'balance of Convenience' 'council Meeting' 'removal of Chief Executive Officer' 'service of Originating Process']

Case Brief

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Procedural Posture

Class 4 Proceedings for Urgent Interlocutory Injunctive Relief / Notice of Motion Heard Instanter; Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether urgent interlocutory relief should restrain the respondent councillors from attending and voting on Item 7 at the extraordinary meeting of Armidale Regional Council concerning the removal of Susan Law as Chief Executive Officer.' 'Whether there was a serious question to be tried and whether the balance of convenience favoured limited injunctive relief before the imminent Council meeting.']

Ratio Decidendi

Because the Council meeting was due to commence imminently, the applicants had shown a serious question to be tried, Susan Law proffered the usual undertaking as to damages, and the balance of convenience favoured limited interim restraint, the respondents were restrained until further order from attending and voting on the relevant item or any notice of motion revoking Susan Law's instrument of delegation.

Court Disposition

Urgent limited interlocutory injunctive relief granted; matter stood over; costs reserved.

Orders

  • ["The applicants' notice of motion filed on 11 May 2020 is heard instanter." 'Pursuant to r 10.14(3) of the Uniform Civil Procedure Rules 2005 (NSW), the originating process is taken to have been served on the respondents on 11 May 2020.' "Upon the second applicant by her solicitor and counsel giving to the Court...