South Sydney City Council v The Council of the City of Sydney [2002] NSWLEC 114

Land and Environment Court of New South Wales

CITATION : South Sydney City Council v The Council of the City of Sydney [2002] NSWLEC 114 APPLICANT South Sydney City Council PARTIES : RESPONDENT The Council of the City of Sydney FILE NUMBER(S) : 0304 of 2002 CORAM: Talbot J KEY ISSUES: Interlocutory Relief :- order restraining adoption of draft corporate plan as management plan LEGISLATION CITED: Local Government Act 1993 Pt 2 Ch 13 CASES CITED: DATES OF HEARING: 28/06/2002 EX TEMPORE JUDGMENT DATE : 06/28/2002

APPLICANT Mr N A Hemmings (Solicitor) SOLICITORS Allens Arthur Robinson LEGAL REPRESENTATIVES: RESPONDENT N/A SOLICITORS N/A

JUDGMENT:

IN THE LAND AND Matter No. 0304 of 2002 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 28 June 2002

South Sydney City Council Applicant v The Council of the City of Sydney Respondent

REASONS FOR JUDGMENT

1. HIS HONOUR: The applicant council is seeking a declaration to the effect that the respondent council has not complied with Pt 2 of Ch 13 of the Local Government Act 1993 ("the Act") in preparing a draft corporate plan, and a consequential order restraining the respondent from adopting that plan as a plan of management, or management plan in accordance with the Act. The evidence before the Court is that representations made by the applicant council identifying concerns and referring to matters that have either not been included as required by the legislation, or have been referred to but not dealt with by the draft management plan, has not been responded to. The only indication before the Court as to how the matter is to be dealt with by the respondent council is that there is an expectation that the draft management plan will be adopted some time today so that it is adopted prior to 30 June 2002 and made available to the public on 1 July 2002.