By VANESSA CHIRCOP
HOBSONS Bay City Councillors have unanimously moved to reveal the costs associated with the Winky Pop Pty Ltd and Anor versus Hobsons Bay City Council case of 2007.
As reported by Star previously, a council report on the costly legal feud between Cr Peter Hemphill and Mayor Tony Briffa was deferred at the May 29 council meeting because Cr Bill Tehan claimed it did not involve the costs relating to this case.
The case, which went to the Supreme Court, saw the State Government ban councillors from voting on matters if that councillor had made a submission on an issue, such as a planning scheme or council budget.
Hobsons Bay City Council was taken to the Supreme Court by Winky Pop Pty Ltd to challenge a planning decision by the council claiming Cr Peter Hemphill should not have been part of that decision-making process due to bias.
Cr Angela Altair said Winky Pop took the council to the Supreme Court claiming they should not have allowed Cr Hemphill to vote.
“It led to a rather ridiculously draconian legislation to stop all councillors who had made comments about particular developments, when they were unelected … they would not be allowed to vote on those particular matters,” she said.
During councillor question time Cr Luba Grigorovitch asked if Cr Hemphill or the council was the defendant in that case.
Organisation development director, Chris Eddy, who attended the hearing, said the council was the defendant.
“Councillor Hemphill could not have submitted any legal bills if he wasn’t the defendant?” Cr Grigorovitch asked.
“Yes, that’s correct,” Mr Eddy said.
