Shellharbour City Council v Stewart [2008] NSWLEC 151

Shellharbour City Council v Stewart [2008] NSWLEC 151

The Court found, on the balance of probabilities and having regard to the seriousness of the allegation, that Helen Stewart breached s 664(1) of the Local Government Act 1993 by disclosing a confidential draft Department of Local Government report in May 2006, as supported by the evidence of document provenance, statutory declaration, and corroborating circumstantial evidence. The applicant did not discharge its onus of proof regarding Stewart's liability for the March 2006 leak and did not prove that either Stewart or Rose disclosed remuneration figures in June 2006.

Jurisdiction
Australia
Judgment Date
23 April 2008
Procedural Posture
Civil Enforcement / Judgment
Outcome
Declaration made and orders as proposed; application otherwise dismissed.
Legal Topics
['breach of Confidentiality' 'civil Standard of Proof' 'disclosure of Council Information' 'standard of Proof in Serious Allegations' 'circumstantial Evidence']
['administrative Law' 'local Government Law'] ['breach of Confidentiality' 'civil Standard of Proof' 'disclosure of Council Information' 'standard of Proof in Serious Allegations' 'circumstantial Evidence']

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Procedural Posture

Civil Enforcement / Judgment

Legal Issues

  1. 1 ['Did Helen Stewart and/or Geoff Rose as councillors disclose confidential information obtained in connection with the administration or execution of the Local Government Act 1993 in breach of s 664(1) and (1A)?' "Is the council's evidence sufficient on the balance of probabilities, having regard to the gravity of the matters alleged and the circumstantial evidence?" 'Was the information disclosed in June 2006 confidential for the purposes of s 664(1) or (1A)?']

Ratio Decidendi

The Court found, on the balance of probabilities and having regard to the seriousness of the allegation, that Helen Stewart breached s 664(1) of the Local Government Act 1993 by disclosing a confidential draft Department of Local Government report in May 2006, as supported by the evidence of document provenance, statutory declaration, and corroborating circumstantial evidence. The applicant did not discharge its onus of proof regarding Stewart's liability for the March 2006 leak and did not prove that either Stewart or Rose disclosed remuneration figures in June 2006.

Court Disposition

Declaration made and orders as proposed; application otherwise dismissed.

Orders

  • ['Declaration that on or about 16 May 2006 the first respondent breached s 664(1) of the Local Government Act 1993 in that, without lawful excuse, she disclosed information obtained in connection with the administration and execution of that Act by providing to Peter Holstein and Shirley Hollis a copy of a draft...