Court reserves judgement on appeal proceedings

Today, the NSW Court of Appeal reserved judgement on the appeal proceedings initiated by the Minister for Local Government, challenging the injunction granted to the Council, to restrain the Minister from suspending the Council. 

Both the notice of suspension by the Minister and the hearing of the Council’s case in the Land and Environment Court have been on hold pending the outcome of the appeal.    It is not clear when the Court of Appeal will announce its decision however, the Court will endeavour to deal with the matter promptly.   Mayor, Cr Mark Greenhill, said, “I remain firmly of the view that there is no basis upon which the elected Council should be suspended. The independent investigation into asbestos management, initiated by the Council, cleared the elected council of any wrong doing. 

Also, the Council has completed, or substantially progressed all requirements of the Performance Improvement Order, imposed on the Council by the Minister on 22 December 2017, while we have all been awaiting the outcome of the appeal.

In addition, we have adopted all of the recommendations of the independent investigator relating to asbestos and safety management.   Council is getting on with the job of supporting the General Manager as she works towards changing the management and safety culture of BMCC.”