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Updated: BMCC Granted a Supreme Court Injunction Against Minister’s Notice of Suspension

Source: Blue Mountains City Council
Archived 23 Apr 2018 - Posted: 23 Feb 2018
Blue Mountains City Council has lodged its submission in response to the Minister for Local Government’s notice of intention to suspend the elected councillors and appoint an interim administrator for a period of three months.

The Minister issued the notice after suggestions of a conflict of interest emerged in relation to the Council’s independent investigation into asbestos management.

As at close of business yesterday the Council had received no indication from the Minister as to her intended action.

The Council has exercised a delegation and sought an injunction in the Supreme Court against the Minister acting on her Notice, on the basis that there are no grounds upon which the Minister may properly suspend the elected body of the Council.

An injunction was granted last night by the Supreme Court. The Minister has been informed.

If the Minister had moved to suspend the Council that would be considered determinative and no further action could be taken.

The proceedings are expected to come before the court at 10am today, Friday 23 February.


Update - 23 February 2018 5pm

BLUE MOUNTAINS CITY COUNCIL SUPREME COURT INJUNCTION TO PROCEED

The injunction proceedings initiated by Blue Mountains City Council were heard in the Supreme Court this afternoon.

The Court determined to continue the injunction and to transfer the proceedings for hearing before the NSW Land and Environment Court at a date to be determined.

The Council's legal advisers anticipate that the matter will be listed for early next week.

The Council sought an injunction in the Supreme Court against the Minister acting on her Notice, on the basis that there are no grounds upon which the Minister may properly suspend the elected body of the Council.

This article archived 23 Apr 2018

 
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