Wy Kanak v NSW Local Government Pecuniary Interest Tribunal & 1 Or [2004] NSWCA 196

Wy Kanak v NSW Local Government Pecuniary Interest Tribunal & 1 Or [2004] NSWCA 196

A proper written disclosure of pecuniary interest in a councillor's motion, circulated to councillors and publicly available per statutory meeting procedures, satisfies the requirements of s 451(1) of the Local Government Act 1993 (NSW). Oral declaration is not mandated unless expressly required by statute.

Parties
Appellant: Dominic Wy Kanak; First Respondent: NSW Local Government Pecuniary Interest Tribunal; Second Respondent: Director-General NSW Department of Local Government
Jurisdiction
Australia
Judgment Date
06 July 2004
Procedural Posture
Appeal / Court of Appeal Decision Following Appeal From Supreme Court, Common Law Division
Outcome
Appeal succeeds to a limited extent. Finding in breach of s 451(1) set aside; breaches of s 451(2) and (3) unchanged; penalty remains; costs ordered in favour of appellant.
Legal Topics
Pecuniary Interest Disclosure, Councillor Duties, Tribunal Procedures
Local Government Law Pecuniary Interest Disclosure Councillor Duties Tribunal Procedures

Case Brief

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Parties

Dominic Wy Kanak

Appellant

NSW Local Government Pecuniary Interest Tribunal

First Respondent

Director-General NSW Department of Local Government

Second Respondent

Procedural Posture

Appeal / Court of Appeal Decision Following Appeal From Supreme Court, Common Law Division

Legal Issues

  1. 1 Whether a written disclosure in a motion satisfies s 451(1) of the Local Government Act 1993 (NSW)
  2. 2 Procedural validity of allegations under s 451(1)
  3. 3 Compliance with statutory requirements for disclosure of pecuniary interests

Ratio Decidendi

A proper written disclosure of pecuniary interest in a councillor's motion, circulated to councillors and publicly available per statutory meeting procedures, satisfies the requirements of s 451(1) of the Local Government Act 1993 (NSW). Oral declaration is not mandated unless expressly required by statute.

Court Disposition

Appeal succeeds to a limited extent. Finding in breach of s 451(1) set aside; breaches of s 451(2) and (3) unchanged; penalty remains; costs ordered in favour of appellant.

Orders

  • The appeal succeeds to a limited extent.
  • Finding by the Tribunal that the appellant contravened s 451(1) set aside.