Bush and Anor v Minister for Local Government and Anor. [2002] NSWLEC 203

Reported Decision : 124 LGERA 256

Land and Environment Court of New South Wales

CITATION : Bush and Anor v Minister for Local Government and Anor. [2002] NSWLEC 203 APPLICANTS Bush and Anor PARTIES : RESPONDENTS: Minister for Local Government and Anor. FILE NUMBER(S) : 0480 of 2002 CORAM: Bignold J KEY ISSUES: Interlocutory Relief :- Interlocutory injunction-alleged breaches of LG Act-case based upon misconstruction of Act-case accordingly is a weak one-delay in bringing proceedings is a significant bar to relief. LEGISLATION CITED: Local Government Act 1993, s 263 CASES CITED: DATES OF HEARING: 29/08/2002 EX TEMPORE JUDGMENT DATE : 08/29/2002

APPLICANTS: Mr T Hale, SC with Mr M Lee, Barrister SOLICITORS Aubrey F Crawley LEGAL REPRESENTATIVES: RESPONDENTS: Mr N Perram, Barrister SOLICITORS Crown Solicitors Office

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Matter No . (04) 0480 of 2002 Coram : Bignold J. 29 August 2002 J BUSH AND ANOR

Applicants

v

MINISTER FOR LOCAL GOVERNMENT AND ANOR

Respondents

JUDGMENT

1. By a second further amended application the Applicants seek interlocutory injunctive relief restraining the Minister for Local Government from making any recommendation to the Governor in connection with the boundary alteration proposals with respect to the boundaries of South Sydney Council until further order of the Court.

2. That claim arises in proceedings which were commenced in the Court very recently, (namely 20 August 2002) and in those proceedings the Applicant claims the following permanent relief.