ADMINISTRATIVE LAW — judicial review — Plaintiff a councillor on Warringah Council — Plaintiff also works as Secretary/Research Assistant for Member of Legislative Council — MLC places questions on notice in Legislative Council that are strongly critical of Council — Council meets to consider MLC's questions — debate in Council leading to resolution critical of MLC — Plaintiff does not declare conflict of interest — Plaintiff participates in debate and strongly defends MLC — complaint made against Plaintiff of breach of Code of Conduct — Conduct Reviewer appointed by Council to investigate — Conduct Reviewer provides report adverse to Plaintiff — Plaintiff brings proceedings for prerogative relief to set aside report — claim of error of law on face of record and failure to have regard to mandatory consideration — claim of apprehended bias on part of Conduct Reviewer by way of prejudgment — meaning of non-pecuniary conflict of interest — construction of Code of Conduct and Code of Meeting Practice — error of law not established — no failure to have regard to mandatory consideration — apprehended bias not established — proceedings dismissed
Case Details
Citation[2012] NSWSC 960
CourtNSWSC
JurisdictionNew South Wales
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