Mauger v Wingecarribee Shire Council (No. 2) [2015] NSWSC 1191

Mauger v Wingecarribee Shire Council (No. 2) [2015] NSWSC 1191

The court declared that the reviewer's findings as to the Condobolin dinner expenses were unlawfully made due to failure to accord procedural fairness, but did not invalidate the council's resolution as a whole. As the plaintiff succeeded on only one out of several claims, he should pay 50% of the defendant’s costs.

Source-derived case information.

Parties
Plaintiff: James Mauger; Defendant: Wingecarribee Shire Council
Jurisdiction
Australia
Judgment Date
28 August 2015
Procedural Posture
Judicial Review / Post Judgment Orders and Costs
Outcome
Declaration granted for procedural unfairness on a specific ground; costs shared
Legal Topics
Procedural Fairness, Declaratory Relief, Costs Apportionment, Local Government Conduct Review
Administrative Law Costs Procedural Fairness Declaratory Relief Costs Apportionment Local Government Conduct Review

Source-derived case record

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Parties

James Mauger

Plaintiff

Wingecarribee Shire Council

Defendant

Procedural Posture

Judicial Review / Post Judgment Orders and Costs

Legal Issues

  1. 1 Whether the independent reviewer's findings were unlawfully made for want of procedural fairness
  2. 2 Whether the council resolution adopting the report was null and void
  3. 3 Appropriate form of declaration for procedural unfairness

Ratio Decidendi

The court declared that the reviewer's findings as to the Condobolin dinner expenses were unlawfully made due to failure to accord procedural fairness, but did not invalidate the council's resolution as a whole. As the plaintiff succeeded on only one out of several claims, he should pay 50% of the defendant’s costs.

Court Disposition

Declaration granted for procedural unfairness on a specific ground; costs shared

Orders

  • The court declares that the findings by the Independent reviewer in her report made on 25 August 2011 (paragraphs 86-88 of the report), as to allegations about expenses incurred by the plaintiff for attending the dinner at Condobolin, was unlawfully made in that the reviewer failed to put to the plaintiff the...
  • The Plaintiff should pay 50% of the Defendant's costs of the proceedings.