NSW Government Bulletin - 13 April 2016

Seeking costs via UCPR 36.16(3A) where no costs claimed in the action - Mehajer v Director-General of the Department of Local Government (No.2) [2016] NSWSC 320

In November 2015, proceedings were commenced in the New South Wales Civil and Administrative Tribunal (NCAT) alleging that Councillor Salim Mehajer failed to disclose a pecuniary interest contrary to his obligations under s 451 of the Local Government Act 1993 (NSW) (Act).  In those proceedings, it was held that the Councillor had "a serious lack of respect for or appreciation of the high degree of probity which the law required of him".  NCAT found breaches of s 451 of the Act and suspended the Councillor from civic office for a period of four months.  Although both parties were given the opportunity to seek an order for costs by NCAT, neither party proceeded to make a costs application.