Council loses first round in ad ban case

A bid to have the action transferred to the Land and Environment Court was determined yesterday, with Justice Hamilton deciding the case should continue where it commenced and awarding costs against council in relation to its application.

The matter first went to court last week, before it was adjourned until Tuesday and again to yesterday.

The case was yesterday put off until February 6, when a hearing date should be set. Council was told to serve its evidence on that date.

Solicitor Malcolm Murray, who launched the Supreme Court challenge on behalf of the Bowral Ratepayers' Association, said yesterday the costs relating to council's application would be significant as the matter was heard over three days.

Mr Murray also questioned why council was proceeding with its defence of the resolution - at ratepayers' expense - when its own representative Bahden Bilinsky had commented in his submissions that it was "unenforceable".

Yesterday afternoon Mr Bilinsky said he could not comment on the case unless he was authorised to do so by general manager David McGowan.

Mr McGowan was unavailable for comment, as was Mayor Phil Yeo, Deputy Mayor Heather Carter and Cr Peter Reynolds, who made the original proposal.

Cr Gordon Lewis, however, described council's defence of the resolution as senseless.

Cr Lewis, who was absent when the matter first went before council and the motion was passed 6-3, agreed that the resolution was unenforceable and added that council could not win the case and should not be wasting its time or ratepayers' money.

The resolution, if upheld, means all political advertising - including election posters - will be prohibited on all public and private land throughout the Wingecarribee.