Christine Deborah Anderson v The Council of the City of Lismore & anor [2011] NSWSC 1058

Christine Deborah Anderson v The Council of the City of Lismore & anor [2011] NSWSC 1058

Failure by Council to afford the plaintiff an opportunity to make submissions before departing from its published policy that Council would not sell pensioner-owned land for unpaid rates save in 'exceptional circumstances', and to inform her of the 'exceptional circumstances' relied on, amounted to denial of procedural fairness, rendering the sale resolutions and contractual arrangements void ab initio.

Jurisdiction
Australia
Judgment Date
12 August 2011
Procedural Posture
Principal Judgment / Trial/decision
Outcome
Plaintiff succeeded in obtaining declarations and injunctive relief; partially succeeded on costs.
Legal Topics
['procedural Fairness' 'legitimate Expectation' 'local Government Power of Sale' 'natural Justice' 'policies and Discretion' 'sale of Land for Overdue Rates']
['administrative Law' 'local Government Law'] ['procedural Fairness' 'legitimate Expectation' 'local Government Power of Sale' 'natural Justice' 'policies and Discretion' 'sale of Land for Overdue Rates']

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Procedural Posture

Principal Judgment / Trial/decision

Legal Issues

  1. 1 ["Whether the sale of the plaintiff's property by the Council was void for failure to afford procedural fairness due to Council's policy and decisions" 'Whether council complied with statutory requirements for sale under the Local Government Act' 'Whether the contract between the Council and second defendant is void for improper execution']

Ratio Decidendi

Failure by Council to afford the plaintiff an opportunity to make submissions before departing from its published policy that Council would not sell pensioner-owned land for unpaid rates save in 'exceptional circumstances', and to inform her of the 'exceptional circumstances' relied on, amounted to denial of procedural fairness, rendering the sale resolutions and contractual arrangements void ab initio.

Court Disposition

Plaintiff succeeded in obtaining declarations and injunctive relief; partially succeeded on costs.

Orders

  • ["Declare the Council's resolutions of 12 October 2010 relating to Ms Anderson's property and the contract between Council and Mr Meuleman of 14 May 2011 void." 'Restrain the Council from taking any further step in pursuance of such resolutions or contract.' "Order the Council to pay one-third of Ms Anderson's costs."]