Hello Community, Fellow Residents and Ratepayers of Liverpool 

The legal arguments and the style of the Barristers today was quite different. 

The Government Barrister was more quietly spoken and presented a number of factual points and cases to support her arguments.

The LCC defence Barrister was a bit more flamboyant in his presentation.

I was only able to watch from 10am to 1pm so it's hard to say who is ahead.

This first part was all about legal technicalities.

What's legal and what's not 
What's admissible and what's not 
Which part of the LCC summons are to be answered and which parts are not.

11.45 am update 

The Court Hearing started at 10am and until 11.30 the Plantiffs / Liverpool Council Barrister putting their opening statement and legal arguement forward.

Points like the following were covered 

Biased case 

Report published and unlawful - Breech of rules breech of procedural process 

Allegations are false 

Cannot do an interim report 

Interim report is unlawful 
Therefore can't be used. 

Non statutory executive power 

Law Confined by Statute 

Focus on Statutory decisions / decision-making process 

Breach of procedural fairness 

Minister for Local Government 
Gave notice to LCC which is not  required But necessary for Natural Justice 

Objection to Section 430 Investigation merging with the Public Inquiry 

Court has been adjourned until 11.50am.

I unfortunately have other commitments in the city today from 1pm to 4pm

You can watch the court case  via the Livestream 

https://avl.justice.nsw.gov.au/invited.sf?id=10197563&secret=ojZgFCgF_bQ4UK4Na4B1Zw

Article from the Liverpool Leader/ Daily Telegraph 

LIVERPOOL CITY COUNCIL vs the NSW State Government and the Minister for Local Government UPDATE Day 1 of the Court Case 

A court has heard a damning and now unpublished interim report outlining alleged corruption and bullying inside Liverpool Council was “made by the political enemies” of Liberal Mayor Ned Mannoun. 

The submission by barrister Tim Robertson SC came during the opening arguments of a hearing brought to the NSW Land and Environment Court by the southwestern Sydney council against Local Government Minister Ron Hoenig. 

Last month, Mr Hoenig pointed to the interim 50-page report compiled by the Office of Local Government alleging “widespread dysfunction and maladministration” when announcing a public inquiry into Liverpool Council. 

Mr Hoenig wrote to Mr Mannoun of his intention to suspend the council and delay September’s election in order for the inquiry to take place sans a “politically charged environment”. 

At an extraordinary council meeting less than a week later, Liverpool councillors voted to take Mr Hoenig to court, before the report was removed for the OLG website which its spokeswoman said was an “act of good faith”. 

In taking Mr Hoenig to court, Liverpool Council is seeking determinations on six aspects including setting aside the interim report and disqualifying Mr Hoenig, OLG deputy secretary Brett Whitworth and Department of Planning secretary Kiersten Fishburn from taking further steps in reporting on the results of the investigation. 

The council is also asking Justice John Robson to determine whether Mr Whitworth had power to make an interim report before a public inquiry and if he failed to be procedurally fair and free from actual or apprehended bias. 

On Thursday, Mr Robertson told the court in his opening arguments the “allegations made in the report are made by political enemies of the Mayor,” adding the report was “unlawful for several different reasons” including it breached the “rules of procedural fairness”. 

Mr Robertson also submitted the publication of the interim report meant the “genie out of the bottle” despite it now being removed online. 

Barrister Naomi Sharp SC, acting for Mr Hoenig, conceded the interim report “denied procedural fairness” and it was now “invalid”, however, she said there was a touch of “irony” in Liverpool Council bringing the matter to court. 

“It is not without some irony that the council which claims it was denied procedural fairness on the interim report now seeks to restrain the public inquiry which, of course, would and must confer procedural fairness,” Ms Sharp said. 

Mr Robertson sought to subpoena Mr Whitworth – who he described as a “key decision maker” in the report – to give evidence after accusations he showed bias. 

“He made changes to the report and I wish to ask him why every one of those deletions he made in the report was of information favourable to council,” Mr Robertson said. 

Ms Sharp described the motion as a “fishing expedition” and submitted there was “no evidence” Mr Whitworth acted with actual bias, however, Mr Robertson said she had “misstated the bias case”. 

“The bias case is based on the knowing publication of the document, knowing that it denies procedural fairness,” he said. “ 

Serious allegations are made, including corruption, without seeking any response from people against whom the allegations are made.” 

Justice John Robson denied the applicant’s motion. The hearing will resume on Friday.

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Unfortunately I have other obligations today and can't get into the city to attend the Court Hearing.

Also the Livestream is full and so I can't access that either.

We have have to wait for the Verdict to be published which will probably be next week.

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Kind Regards 

Michael Andjelkovic

Independent Community Campaigner