Mauger v Wingecarribee Shire Council [2015] NSWSC 1022

Mauger v Wingecarribee Shire Council [2015] NSWSC 1022

The General Manager had jurisdiction to refer complaints to the conduct review committee/reviewer, and was not functus officio; no general requirement for procedural fairness arose on referral, but procedural fairness was required at the conduct review stage. The Plaintiff was denied procedural fairness in relation...

Source-derived case information.

Parties
Plaintiff: James Mauger; Defendant: Wingecarribee Shire Council
Jurisdiction
Australia
Judgment Date
31 July 2015
Procedural Posture
Judicial Review / Principal Judgment
Outcome
Plaintiff partially successful; denied procedural fairness only in relation to allegation 2 of the Mayor's Complaint; no other errors found; parties to bring in Short Minutes; costs to be argued.
Legal Topics
Judicial Review, Procedural Fairness, Code of Conduct, Local Government Complaint Handling, Functus Officio, Statutory Interpretation
Administrative Law Local Government Law Judicial Review Procedural Fairness Code of Conduct Local Government Complaint Handling Functus Officio Statutory Interpretation

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Parties

James Mauger

Plaintiff

Wingecarribee Shire Council

Defendant

Procedural Posture

Judicial Review / Principal Judgment

Legal Issues

  1. 1 Whether the General Manager had jurisdiction to refer complaints to a conduct review committee/reviewer
  2. 2 Whether the Plaintiff was denied procedural fairness at various stages
  3. 3 Whether findings demonstrated breach of the Code of Conduct

Ratio Decidendi

The General Manager had jurisdiction to refer complaints to the conduct review committee/reviewer, and was not functus officio; no general requirement for procedural fairness arose on referral, but procedural fairness was required at the conduct review stage. The Plaintiff was denied procedural fairness in relation to allegation 2 of the Mayor's Complaint, but no other errors of law or procedural fairness denial were established. The parties were directed to bring in Short Minutes reflecting these reasons; orders on costs would follow.

Court Disposition

Plaintiff partially successful; denied procedural fairness only in relation to allegation 2 of the Mayor's Complaint; no other errors found; parties to bring in Short Minutes; costs to be argued.

Orders

  • The parties should bring in Short Minutes to reflect these reasons.
  • I will hear the parties on costs.