Jack Russell takes M’dindi CEO Margaret Abbey to Court
Wednesday, January 10, 2018
John ‘Jack’ Russell of Yea has filed Supreme Court action against retiring Murrindindi Shire Council Chief Executive Officer Margaret Abbey, and the Council.
Mt Russell has issued an ‘Originating Motion for Judicial Review’. He asks that an order, banning him from more than 40 Murrindindi Shire premises, be set aside. He asks for “unfettered use” of all locations.
Mr Russell’s legal action was filed with the Supreme Court on January 2. He says he served the paperwork on Ms Abbey and the Council on January 3. Ms Abbey and the Council have a period of time to give notice should they wish to defend the action.
A Supreme Court Associate Judge may, as appropriate—
• where the Associate Judge has authority to give the judgment sought by the plaintiff, hear and determine the application or refer it to another Associate Judge for hearing and determination;
• by consent of the defendant, give the judgment;
• refer the application to a Judge of the Court for hearing and determination;
• place the proceeding in the list of cases for trial and give directions for the filing and service of affidavits or otherwise.
It is believed that Mr Russell’s legal action follows a ‘Concerns Notice’ in which he alleged he was defamed.