Liverpool Council has lost its court challenge against the state government’s intention to suspend the council and defer elections.
On all but one count – that the interim report lacked procedural fairness – Justice Robson in the Land and Environment Court ruled in favour of the state government.
The judgement was handed down early last night.
“The NSW Government welcomes Justice Robson’s ruling today in the Land and Environment Court,’’ said Mr Hoenig in a media release issued soon after the ruling was made public.
“As per the undertakings agreed during the hearings, Liverpool City Council, who were largely unsuccessful in their legal challenge, will be required to respond to the initial notice of intention to defer the election and suspend the Council by close of business this Thursday, September 5,’’ he said.
“As Minister, I was provided with information by the Office of Local Government concerning widespread dysfunction and maladministration within the Council. I don’t need to revisit these concerns.
“Justice Robson’s judgement is clear that the advice given to the Minister about the serious concerns at Council was reasonable.
“Justice Robson has also been quite clear that the intention of publishing the report was to ensure the community understood the reasons to establish the public inquiry and was “a system of responsible government that promotes accountability through transparency” and was not evidence of either actual or apprehended bias.
“A number of serious allegations had also been made known to the Office of Local Government by Council employees, members of the community, councillors, and Members of State and Federal Parliament,’’ Mr Hoenig said.
“These concerns remain and will be addressed in the public inquiry.
“The decision to hold a public inquiry and the reasons why an inquiry was needed, was outlined in the advice provided by the Office of Local Government.’’
Liverpool Council is yet to respond to the court decision.
