Lane v Atkin [1922] HCA 14

Lane v Atkin [1922] HCA 14

A councillor who acquires an indirect pecuniary interest in an agreement with the council becomes immediately disqualified under Local Government Act 1919, and remains subject to statutory disqualification and penalties for acting in that office, even after the contract obligations have been performed and the interest has ceased.

Parties
Appellant: William Joseph Lane; Respondents: George Atkin and another
Jurisdiction
Australia
Judgment Date
04 May 1922
Procedural Posture
Appeal / High Court Appeal From Supreme Court of New South Wales
Outcome
appeal dismissed with costs
Legal Topics
Disqualification of Councillors, Pecuniary Interest, Local Government Contracts, Civil Penalties
Local Government Law Disqualification of Councillors Pecuniary Interest Local Government Contracts Civil Penalties

Case Brief

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Parties

William Joseph Lane

Appellant

George Atkin and another

Respondents

Procedural Posture

Appeal / High Court Appeal From Supreme Court of New South Wales

Legal Issues

  1. 1 Does disqualification for pecuniary interest under Local Government Act 1919 persist after the interest ceases?
  2. 2 Is a councillor liable under s 31 for acting after contract obligations are fulfilled and interest ceases?

Ratio Decidendi

A councillor who acquires an indirect pecuniary interest in an agreement with the council becomes immediately disqualified under Local Government Act 1919, and remains subject to statutory disqualification and penalties for acting in that office, even after the contract obligations have been performed and the interest has ceased.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed
  • Costs awarded to respondent