ORANGE councillor Kevin Duffy has said he would remain on council until the NSW Court of Appeal hands down its decision on his future.
Cr Duffy appealed a decision by the NSW Civil and Administrative Tribunal in December, which found he was not a resident at the time of his nomination, meaning he wrongly stood for election and was irregularly elected.
Last month, the court awarded costs to Orange Ratepayers’ Association member John Da Rin, who lodged the challenge.
The appeal was heard in the NSW Court of Appeal in Sydney on Tuesday and the three-judge panel reserved its decision.
A finding could take months to be handed down.
In a statement, Cr Duffy said he did what he thought was “appropriate and necessary” and the people of Orange elected him as an independent.
“The appeal matter is for the court to interpret the law and I await their decision,” he said.
“Until then, I will continue to represent the people of Orange, that I was elected to do.
“Whatever the outcome, I am looking forward to the next council election.”
If the appeal is dismissed before March next year, a by-election would be required to fill Cr Duffy’s vacancy unless the Minister for Local Government Paul Toole authorised the council to continue with 11 councillors.