Two Shellharbour councillors being taken to court by their own council upped the ante yesterday after their colleagues' last ditch attempt to drop the case collapsed.Councillor Helen Stewart told the Mercury she and Cr Geoff Rose had gone to Sydney yesterday to engage a new barrister to defend the council's accusations that the pair leaked information to a community website.Cr Stewart said they had taken their fight up a notch and "would be proceeding to prove our innocence in the matter".Cr Stewart said she was appalled that Labor councillors had caucused a notice of motion put forward by the Deputy Mayor Michele Greig and councillors Tom Hawker and John Leedham to dump the ratepayer-funded $1 million Land and Environment Court case.Mayor David Hamilton used his casting vote in the ALP caucus to push ahead with the court action.ALP councillors are bound by caucus decisions and place themselves in political peril if they cross the floor to vote against their party.The Mercury speculated on Saturday that Cr Greig had enough support outside Labor ranks to bring an end to the case.Cr Hamilton told the Mercury he wanted Cr Stewart and Cr Rose to have their day in court, so they had the opportunity to clear their names if they were proven innocent.But Cr Stewart wanted it to be all over."I'm disgusted to think that my fellow councillors are not allowed to have a conscience vote on an issue that is so important," Cr Stewart said."They have got a conscience and I know they feel very strongly and concerned that this court case should be stopped and we should go to the Code of Conduct Committee."The Oak Flats resident said she had recently run out of funds to cover her legal costs, so had taken out an equity loan on her home for $50,000.Fellow independent, Cr Charlie Mifsud, gave an emotional speech at Tuesday night's council meeting calling on everyone to spare a thought at Christmas for Cr Rose and Cr Stewart and their families embroiled in the expensive mess.The Land and Environment Court case centres on documents allegedly leaked in 2006.. At a confidential session on Tuesday night, councillors voted to pay the reasonable costs of former councillor Leon Cicolini, whom the council has decided to drop from its court action.The Mt Warrigal resident's costs are thought to be around $70,000.. Cr Christine Jeffreys accidentally revealed to Tuesday's open council meeting that lawyers had advised that continuing with the case would not cost the council any more, and could be cheaper than dropping the action.