Former Wagga council general manager Alan Eldridge has rejected as "nonsense" a claim that he changed a council motion with the aim to assist a land rezoning for his son's real estate project.
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During a second day of giving evidence in his unfair dismissal lawsuit against Wagga City Council, Mr Eldridge told the NSW Supreme Court that he "didn't pick up" that his son Joshua's proposed real estate development on Inglewood Road at Gumly Gumly had come before the council.
Mr Eldridge maintained this position despite the council's defence presenting several emails sent to him as general manager about a rezoning application at Inglewood Road in 2016.
Mr Eldridge is suing the council for more than $1 million over claims he was unfairly dismissed in 2017.
During a hearing at Wagga Courthouse Tuesday, Mr Eldridge claimed some documents presented by council were "very suspicious".
Central to the council's defence against Mr Eldridge's unfair dismissal lawsuit were claims that he engaged in "serious misconduct" by not declaring his son's interest in the Inglewood Road development.
Senior counsel for Wagga council, Robert Goot, asked Mr Eldridge if he approved changes to a motion prior to a May 2016 council meeting with the aim to "expedite" three applications, including Inglewood Road.
Mr Eldridge accepted that council emails stated he approved the motion changes as general manager but "completely" denied Mr Goot's allegation that he acted with intent to benefit his son's venture.
"It wouldn't have made a difference," Mr Eldridge said.
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The former GM also told the court he "totally" rejected Mr Goot's claim that he ended former planning manager Liz Rankin's involvement in the rezoning to stop her "interfering" with his son's application.
Tuesday's hearing at Wagga courthouse was at times combative, with Mr Eldridge towards the start of proceedings claiming that documents provided by the council were "very convenient" and that he had "serious concerns" about their veracity after checking with his own back-up IT system.
"From the documents I reviewed last night, my name does not appear as an attendee on some of the minutes," Mr Eldridge said.
After Mr Eldridge was unable to provide specific dates for the minutes, Mr Goot accused him of "making it up as you go along".
"You are playing with us," Mr Goot said.
"I can assure you that there is nothing amusing about this to me," Mr Eldridge replied.
Supreme Court Justice Andrew Bell asked Mr Goot to "slow down" at one point in his questioning and several times reminded him not to cut off Mr Eldridge when he was answering questions.
Mr Eldridge's senior counsel, John Fernon, made numerous objections and also complained to Justice Bell that Mr Goot spoke to him directly about his objections.
Mr Eldridge later in the day raised doubts about the origin of "unusual" council emails and also file notes taken by Environment and Community Director Janice Summerhayes.
Mr Goot asked Mr Eldridge if there was a "conspiracy" to present documents that were "a forgery".
Mr Eldridge said there were "a lot of things I could say" but he chose not to.
The Eldridge case so far
- Former general manager suing Wagga City Council for $1 million
- GM unfair dismissal lawsuit returns to Supreme Court for day two
- Alan Eldridge's termination: cases for and against
- Council GM fairly sacked for 'serious misconduct', Hayes tells court
- Wagga council manager Eldridge on 'final warning', unfair dismissal hearing told
- Former GM reveals ICAC 'raid' on family's Wagga businesses
- Former general manager tells court of being 'deeply involved' in son's land plan
Mr Goot also questioned Mr Eldridge about business papers and minutes for council meetings, public policy meetings and staff meetings he attended that also mentioned the Inglewood Road application.
"I just didn't pick it up, that's the human side of it," Mr Eldridge told the court.
Mr Eldridge said he often did not read business papers and documents he was asked to approve, despite it being "part of" his job, because he was "very busy".
"I'd suggest you were very well paid to be busy," Mr Goot said.
"I was," Mr Eldridge replied.
Mr Eldridge's remuneration package at the time was almost $400,000 per year.
Mr Goot also asked Mr Eldridge about an affidavit from former council commercial operations Caroline Angel claiming he asked her to upgrade Inglewood Road.
"That conversation absolutely did not happen," Mr Eldridge said, and maintained that position despite being shown his own affidavit that said he "could not recall" the conversation.
Council's defence had intended to complete its questioning of Mr Eldridge on Monday but he will return to the stand for most of Wednesday.
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