Charlton v Moore (No 2) [2009] NSWLEC 47

Charlton v Moore (No 2) [2009] NSWLEC 47

The Court held that an order compelling the provision of a statement of reasons by the Council under r 4.3 is appropriate, as such reasons are relevant to the applicant's claims of procedural fairness violations, including bias, and the collegiate nature of the Council does not preclude such an order. Additionally, the identity of persons instructing solicitors is not privileged and should be disclosed.

Parties
Applicant: Belinda Lee Charlton; First Respondent: Susan Rosalie Moore; Second Respondent: Alison Gay Howlett; Third Respondent: Singleton Council; Fourth Respondent: Gary Woodman
Jurisdiction
Australia
Judgment Date
17 March 2009
Procedural Posture
Judicial Review / Interlocutory Application for Orders Under R 4.3 Land and Environment Court Rules 2007
Outcome
Orders made for parties to produce draft orders reflecting judgment and for amendment of pleadings; direction to identify persons who gave instructions for legal advice and to provide reasons for decision.
Legal Topics
Procedural Fairness, Apprehended Bias, Provision of Reasons by Public Authority, Disclosure of Instructing Persons in Privileged Communications
Administrative Law Local Government Law Practice and Procedure Procedural Fairness Apprehended Bias Provision of Reasons by Public Authority Disclosure of Instructing Persons in Privileged Communications

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Parties

Belinda Lee Charlton

Applicant

Susan Rosalie Moore

First Respondent

Alison Gay Howlett

Second Respondent

Singleton Council

Third Respondent

Gary Woodman

Fourth Respondent

Procedural Posture

Judicial Review / Interlocutory Application for Orders Under R 4.3 Land and Environment Court Rules 2007

Legal Issues

  1. 1 Whether an order should be made requiring council to provide a statement of reasons for its decision under r 4.3 of the Land and Environment Court Rules 2007
  2. 2 Whether the identity of persons instructing solicitors is privileged or should be disclosed
  3. 3 Whether procedural fairness requirements (opportunity to be heard, bias) are engaged

Ratio Decidendi

The Court held that an order compelling the provision of a statement of reasons by the Council under r 4.3 is appropriate, as such reasons are relevant to the applicant's claims of procedural fairness violations, including bias, and the collegiate nature of the Council does not preclude such an order. Additionally, the identity of persons instructing solicitors is not privileged and should be disclosed.

Court Disposition

Orders made for parties to produce draft orders reflecting judgment and for amendment of pleadings; direction to identify persons who gave instructions for legal advice and to provide reasons for decision.

Orders

  • Parties to provide agreed or competing minutes of order reflecting reasons for judgment.
  • Applicant to serve proposed further amended summons and amended points of claim by 4pm.