Botany Bay City Council v The State of New South Wales and Minister for Local Government [2016] NSWSC 583

Supreme Court New South Wales

Medium Neutral Citation: Botany Bay City Council v The State of New South Wales and Minister for Local Government [2016] NSWSC 583 Hearing dates: 5 May 2016; 13 May 2016; 19 May 2016 Date of orders: 09 June 2016 Decision date: 09 June 2016 Jurisdiction: Common Law Before: Garling J Decision: (1) Grant leave to the plaintiff to re-open its case. (2) Grant leave to the plaintiff to file an Amended Summons dated 13 May 2016. (3) Amended Summons dated 13 May 2016 dismissed. (4) Plaintiff to pay the defendants' costs. Catchwords: JUDICIAL REVIEW – examination by a Delegate of the Chief Executive of the Office of Local Government of proposal for amalgamation of councils – Local Government Act 1993 (NSW), ss 218F, 263 – whether procedural fairness required the Delegate to notify Council of adverse findings and give it the opportunity to make further submissions

JUDICIAL REVIEW – review and comment by the Boundaries Commission on report of the Delegate – Local Government Act 1993 (NSW), s 218F – whether Boundaries Commission misapprehended its functions and powers – whether Boundaries Commission failed to provide procedural fairness to Council

JUDICIAL REVIEW – consideration by the Minister of proposals for amalgamation of councils – Local Government Act 1993 (NSW), s 218F – whether Minister denied procedural fairness to Council by failing to take its proposal into account – whether Minister failed to take into account a mandatory relevant consideration

LOCAL GOVERNMENT – proposal for amalgamation of councils – Local Government Act 1993 (NSW), Division 2B – where multiple proposals lodged with respect to Council area – proper construction of statutory scheme for amalgamation of councils Legislation Cited: Local Government Act 1993 Civil Procedure Act 2005 Uniform Civil Procedure Rules Cases Cited: Kioa v West [1985] HCA 81; (1985) 159 CLR 550 Re Minister for Immigration, Multicultural and Indigenous Affairs; Ex Parte Lam [2003] HCA 6; (2003) 214 CLR 1 VEAL v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 72; (2005) 225 CLR 88 Texts Cited: Not Applicable Category: Principal judgment Parties: Botany Bay City Council (Plaintiff) The State of New South Wales (1D) Minister for Local Government (2D) Rod Nockles in his capacity as delegate of the Chief Executive of the Office of Local Government (3D) Local Government Boundaries Commission (4D) Representation: Counsel: M A Robinson SC/S McGee (P) N Williams SC/A Mitchelmore (1-4D)