AMALGAMATION: 21 DECEMBER 2016

Cabonne will appeal against merger with Orange and Blayney

Cabonne Council will continue its legal fight against a merger with Orange and Blayney by lodging a formal appeal in the NSW Supreme Court.

The Council lost its court challenge to the merger proposal in October and has been awaiting a judgment on an appeal by Woollahra Council in Sydney before committing to a formal appeal.

Woollahra’s case is based on a similar premise to Cabonne’s and the Council believes the Woollahra outcome could have a critical bearing on Cabonne’s situation.

However with a judgment yet to be handed down on the Woollahra case, Cabonne yesterday voted 8-3 to proceed with an appeal before its deadline to do so expired on January 7.

The three voting against the appeal were Cr Mike Hayes, Deputy Mayor Cr Lachie MacSmith and Cr Janelle Culverson.

Mayor Ian Gosper said Cabonne faced the predicament that it could be forced to merge after January 7 if it failed to lodge an appeal.

“Local Government Minister Paul Toole gave us a commitment in October that he would not make a merger proclamation until seven days after the Woollahra decision, but the delay in the Woollahra judgment meant we had to act now,” Cr Gosper said.

The Mayor said he believed the proposed Cabonne, Orange, Blayney merger was the reason for a massive swing against the Nationals in last month’s Orange by-election in which the party lost the seat to Shooters, Fishers and Farmers Party candidate Phil Donato.

“This was particularly evident in the Cabonne booths where the swings were the greatest. The by-election was basically a referendum on the merger and the Cabonne people indicated very clearly to the Government where they stand,” Cr Gosper said.

“I’m sure they expect us to proceed with this appeal and would be very disappointed if we gave up the fight now.”

As well as voting to appeal, the Council set aside up to $60,000 for future legal expenses.

Based on media release issued by Cabonne Council.