Botany Bay City Council v Minister for Local Government [2016] NSWCA 74

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Botany Bay City Council v Minister for Local Government [2016] NSWCA 74 Hearing dates: 11 April 2016 Decision date: 15 April 2016 Before: Bathurst CJ; Beazley P; Ward JA Decision: Appeal dismissed with costs. Catchwords: JUDICIAL REVIEW – grounds of review – mandatory relevant considerations in the examination and report of proposal for amalgamation of councils under the Local Government Act 1993 (NSW), ss 218F and 263 – whether Council proposal made under s 218F constituted a mandatory relevant consideration

JUDICIAL REVIEW – grounds of review – procedural fairness in the examination and report of proposal for amalgamation of councils under the Local Government Act 1993 (NSW), ss 218F and 263 – whether denial of procedural fairness in Council proposal not being taken into account

LOCAL GOVERNMENT – proposal for amalgamation of councils under the Local Government Act 1993 (NSW), ss 218D-218F – examination and report of proposal under ss 217F(2) and 263 – proper construction of s 263 Legislation Cited: Local Government Act 1993 (NSW), ss 218A, 218B, 218D, 218E, 218F, 220, 263, 745 Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue [2009] HCA 41 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; 162 CLR 24 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; 206 CLR 323 Powers v Maher [1959] HCA 52; 103 CLR 478 Project Blue Sky v Australian Broadcasting Authority [1998] HCA 28; 194 CLR 355 Category: Principal judgment Parties: Botany Bay City Council (Appellant) Minister for Local Government (First Respondent) Local Government Boundaries Commission (Second Respondent) Chief Executive of the Office of Local Government (Third Respondent) Rod Nockles (Fourth Respondent) Representation: Counsel: M Robinson SC; A Poljak (Appellant) N Williams SC; M Ellicott (Respondents)