COUNCIL OF THE CITY OF NEWCASTLE v THE MINISTER FOR LOCAL GOVERNMENT AND CO-OPERATIVES [1995] NSWCA 101

COUNCIL OF THE CITY OF NEWCASTLE v THE MINISTER FOR LOCAL GOVERNMENT AND CO-OPERATIVES

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

GLEESON CJ, KirBy P and CoLe JA 1 February 1995, 17 February 1995 [1995] NSWCA 101

LOCAL GOVERNMENT — election of council — number of councillors — whether number of councillors changed — election of mayor who also stood and was elected as alderman — proper computation of number of councillors — whether referendum required — held: (dismissing appeal): Purported change in number of councillors — invalid without approval at referendum.

STATUTES — construction — intractable language — duty of court to obey and not amend.

LOCAL GOVERNMENT — Local Government — election of councillors increase in number of councillors requiring referendum — mayor elected both as alderman and as mayor — proper approach to number of councillors — whether change in number of councillors — held: (Gleeson CJ; Kirby and Cole JA concurring): (1) The duty of the Court, where the legislation is clear and intractable, is to give effect to the purpose of Parliament expressed in the language used; (2) Having regard to the clear language of the applicable legislation, a determination that there should be thirteen councillors following the 1995 elections for the Council of the City of Newcastle amounted to a proposal to change the number of councillors within the meaning of s224(3) of the Local Government Act 1993 and so required the obtaining of approval for the change at a constitutional referendum; (3) The inconvenience, possible oversight and unanticipated consequences of the result were reasons for examining the legislation closely but not for amending its terms; (4) Appeal (from Windeyer J) dismissed with costs.

City of Newcastle Act 1986, s7. Local Government Act 1919, subs23.