Councillor Benjamin Barrak partially successful in appeal at Supreme Court
A judge presiding over the litigation between Parramatta Council and Benjamin Barrak has said the issue should never have gone that far.
Parramatta
Don't miss out on the headlines from Parramatta . Followed categories will be added to My News.
- Deputy Mayor alleges verbal barrage by Ben Barrak
- TAFE’s new hairdressing facilities
- Eels charge into the finals
Rebel Parramatta councillor Benjamin Barrak has been partially successful in his appeal against the council in the Supreme Court after a long case that one of the judges labelled a disheartening reflection on representatives and that never should have led to litigation.
The decision was handed down — with a raft of orders — in court today, five months after Cr Barrak took legal action claiming he was denied natural justice for being ejected from a February 20 council meeting because he called the mayor a clown and insulted a council legal representative.
He also complained about a resolution made by the council requiring him to return confidential papers which passed until he left the February 20 meeting.
The Liberal Dundas ward representative launched legal action against the council in April, claiming he was denied justice when he was expelled from the meeting after he had already walked out.
Cr Barrak lost the case in the Land and Environment Court and had costs awarded against him but appealed against the judgment in the Supreme Court.
In July, two judges and a senior lawyer debated where “clown” ranked against other insults including “goose” in a matter which had Cr Barrak ejected from February 20.
The lead judgment was written by Justice Richard White, with whom Justice Anthony Payne agreed.
Justice Lucy McCallum also agreed with Justice White with the exception that she did not think the council was entitled to require Mr Barrak to apologise for insulting the Lord Mayor at the February 20 meeting.
In judgment, Justice Payne called for the parties “belligerent and uncompromising” stance about the February and March to be resolved.
“This case provides a disheartening insight into the recent activities of the elected representatives of Parramatta City Council,’’ Justice Payne said.
“As White JA explains, this case essentially involved a dispute between personalities that should never have led to litigation.”
The appeal was allowed in part and the orders of the Land and Environment Court set aside. The court declared Cr Barrak was not bound by the February 20 resolution requiring him to return the confidential papers but that the council was entitled to pass resolutions at subsequent meetings requiring him to apologise and to return the confidential papers.
The council was also entitled to expel Cr Barrak from five subsequent meetings for failing to apologise but was not otherwise entitled to eject him from meetings.
The summons was otherwise dismissed with both parties ordered to pay their own costs of both the appeal and the proceedings in the Land and Environment Court.
In papers tendered to court today, Judge Anthony Payne called for the parties “belligerent and uncompromising” stance about the February and March to be resolved.