Leichhardt Municipal Council v Minister for Local Government & anor. [2001] NSWSC 1200

Reported Decision : 118 LGERA 385

New South Wales Supreme Court

CITATION : Leichhardt Municipal Council v Minister for Local Government & anor. [2001] NSWSC 1200 revised - 23/01/2002 FILE NUMBER(S) : SC 30073001 HEARING DATE(S) : 17 December 2001 JUDGMENT DATE : 20 December 2001

Leichhardt Municipal Council PARTIES : Minister for Local Government Local Government Boundaries Commission JUDGMENT OF : Sully J at 1

COUNSEL : B.J. Preston SC/Dr. S. Pritchard - Plaintiff J. Griffiths SC/S. Lloyd - Defendants SOLICITORS : Pike Pike and Fenwick - Plaintiff Crown Solicitor's Office - Defendants LEGISLATION CITED : Local Government Act 1993 NSW Commerce Act 1986 of New Zealand CASES CITED : Commerece Commission v Fletcher Challenge Limited (1989) 2 NZLR 554 DECISION : Amended summons dismissed; Costs reserved; Exhibits to remain in Court pending further order

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION 30073/01 SULLY J

Thursday 20 December, 2001

LEICHHARDT MUNICIPAL COUNCIL v MINISTER FOR LOCAL GOVERNMENT & 1 OR.

JUDGMENT

1 HIS HONOUR: By a summons filed on 4 December 2001, the Leichhardt Municipal Council as plaintiff seeks various declarations, orders and injunctions against two defendants: the first of them being the Minister for Local Government; and the second of them being the Local Government Boundaries Commission. I shall refer in what follows to these parties as, respectively, "the Council", "the Minister" and "the Commission".