Blue Mountains News

Mallard Welcomes Court of Appeals Decision on Blue Mountains City Council

Source: Shayne Mallard Member of the Legislative Council
Archived 20 Aug 2018 - Posted: 20 Jun 2018
The Court of Appeal this morning has ruled an injunction sought by Blue Mountains City Council restraining Minister for Local Government Gabrielle Upton from acting on her Notice of Intention to suspend the council over the asbestos management issue should not have been granted. Government Member of the Legislative Council and Blue Mountains resident Shayne Mallard MP said that the court of appeal ruling is an embarrassing loss for Blue Mountains City Council.

“The Blue Mountains City Council have been more focused on legal tricks than cleaning up asbestos and protecting their community.”

“My concerns about Blue Mountains Council’s conduct remain, why are they so determined to block external scrutiny of their actions.”

“What is the cost to ratepayers for this legal folly?” Mr Mallard asked.

The Local Government Minister’s appeal has been upheld, but the decision does not take effect for seven days.

The NSW Government welcomes the Court of Appeal’s decision and will now take further advice as to its options noting that the matter remains before the Land and Environment Court.

Mr Mallard noted the court was critical of the council’s actions in seeking an injunction, saying it was “quite wrong” for it to create a sense of urgency.

The court also found that there was not a serious question to be tried in relation to the Minister’s Notice of Intention to suspend the council.

A Performance Improvement Order remains in place which holds the council to account and ensures it takes the necessary action to address its poor record on asbestos management.

“Blue Mountains Council should now cease its expensive legal games and release all the currently confidential reports on the asbestos issue for public scrutiny,” Mr Mallard said.

Mr Mallard repeated his calls for local Labor MP Trish Doyle to step in and pull her Labor colleagues into line.

“Trish Doyle should immediately act in the interests of her rate paying constituents and pick up the phone to her Labor Mayor and Council colleagues demanding that they stop wasting money on legal action and focus fully on the asbestos issue and the safety of Council workers and the community,” Mr Mallard concluded.


 

 
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