Ku-ring-gai Council v Garry West as Acting Director-General of the Office of Local Government [2016] NSWSC 442

Supreme Court New South Wales

Medium Neutral Citation: Ku-ring-gai Council v Garry West as Acting Director-General of the Office of Local Government [2016] NSWSC 442 Hearing dates: 13 April 2016 Decision date: 15 April 2016 Before: Fullerton J Decision: The proceedings be transferred to the Land and Environment Court. Catchwords: PRACTICE AND PROCEDURE - transfer of proceedings to the Land and Environment Court under s 149B of Civil Procedure Act as the more appropriate court – whether the transfer is in accordance with the overriding purpose in s 56 of the Civil Procedure Act Legislation Cited: Civil Procedure Act 2005 (NSW) Government Information (Public Access) Act 2009 (NSW) Local Government Act 1993 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Bankinvest AG v Seabrook (1988) 14 NSWLR 711 Botany Bay City Council v Minister for Local Government [2016] NSWCA 74 Category: Principal judgment Parties: Ku-ring-gai Council (Plaintiff) Garry West, in his capacity as delegate of the Acting Director-General of the Office of Local Government (1st Defendant) NSW Department of Premier and Cabinet (2nd Defendant) Minister for Local Government (3rd Defendant) Representation: Counsel: V McWilliam (Plaintiff) N Hutley SC / J Hutton (Defendants)

Solicitors: Sparke Helmore Lawyers (Plaintiff) Crown Solicitor NSW (Defendants) File Number(s): 2016/89149 Publication restriction: Nil