RYAN v HEILER [1990] NSWCA 160

RYAN v HEILER [1990] NSWCA 160

Absence without leave under s35(3)(e) requires that leave of absence be formally granted by council resolution; neither an apology nor inference from council conduct suffices. As no such leave was formally granted for three meetings, an extraordinary vacancy occurred.

Parties
Appellant: Kevin James Ryan; Respondent: Heiler; Respondent: 1st, 2nd and 3rd Respondents; Respondent: 4th Respondent
Jurisdiction
Australia
Judgment Date
23 April 1990
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
Extraordinary Vacancy, Absence Without Leave, Leave of Absence, Interpretation of Local Government Act 1919 S35(3)
Local Government Law Extraordinary Vacancy Absence Without Leave Leave of Absence Interpretation of Local Government Act 1919 S35(3)

Case Brief

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Parties

Kevin James Ryan

Appellant

Heiler

Respondent

1st, 2nd and 3rd Respondents

Respondent

4th Respondent

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether absence without formal leave from three consecutive council meetings occasions an extraordinary vacancy under s35(e) of Local Government Act 1919.
  2. 2 Whether an apology or inferred intention of council can amount to grant of leave of absence.

Ratio Decidendi

Absence without leave under s35(3)(e) requires that leave of absence be formally granted by council resolution; neither an apology nor inference from council conduct suffices. As no such leave was formally granted for three meetings, an extraordinary vacancy occurred.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.