Marrickville Metro Shopping Centre Pty Limited v Marrickville Council [2009] NSWLEC 109

Land and Environment Court of New South Wales

CITATION : Marrickville Metro Shopping Centre Pty Limited v Marrickville Council [2009] NSWLEC 109

APPLICANT PARTIES : Marrickville Metro Shopping Centre Pty Limited RESPONDENT Marrickville Council

FILE NUMBER(S) : 40940 of 2008

CORAM: Pain J

JUDICIAL REVIEW :- justiciability - whether decision of council to create rating sub-category and levy applicant justiciable

RATING - decision of council to introduce rating sub-category - can a sub-category refer to single site - whether sub-category refers to a centre of activity - whether determination of sub-category made by council

RATING:- whether notification of sub-category given to applicant in annual rates and charges notice KEY ISSUES: JUDICIAL REVIEW- whether fairness a relevant consideration under scheme of the Local Government Act and council's charter in s 8 - whether failure to consider relevant consideration of fairness in introducing sub-category and levying at higher rate than other business rating categories - whether consideration of reducing other rates an irrelevant consideration in introducing and levying sub-category because discriminatory - whether decisions to introduce and levy sub-category manifestly unreasonable

BIAS - whether apprehension of bias of councillors in decisions of council to introduce and levy sub-category of rates - whether interest as trade competitor not requiring disclosure under Local Government Act can give rise to apprehension of bias

DISCRETION - whether to exercise discretion of court to grant relief where lack of notice of 2002 sub-category determination - whether delay in commencing proceedings relevant