The statutory concept of 'place of living' in s 269 of the Local Government Act 1993 (NSW) does not require a comparative assessment of connections between competing residences; the question is whether the person's occupation of the claimed place satisfies the statutory requirements, guided by the one-month living requirement. Section 269(3) is permissive: it allows a person temporarily absent to maintain their former address as their 'place of living' but does not require it. A consideration that is relevant for one purpose may be impermissibly used for a different purpose, and such misuse may constitute reviewable error of law even where the consideration is not irrelevant for all purposes.
The full text is available to signed-in members, including the 17 later cases that cite this judgment.