Walcha Council and Ors v Minister for Local Government and Ors [2016] NSWLEC 57

Land and Environment Court New South Wales

Medium Neutral Citation: Walcha Council and Ors v Minister for Local Government and Ors [2016] NSWLEC 57 Hearing dates: 13, 16 and 18 May 2016 Date of orders: 18 May 2016 Decision date: 18 May 2016 Jurisdiction: Class 4 Before: Moore J Decision: See orders at [71] Catchwords: JOINDER – challenge to validity of Local Government (Council Amalgamations) Proclamation 2016 – application for joinder commenced by a council amalgamated by the Proclamation – timing of determination of preliminary question of whether joinder should be granted – addition of two further applicants for joinder – consent to adding additional applicants for joinder – consequential protection of right to determination of public interest issues pressed on behalf of the Gundagai community – presumption of validity of the Proclamation – consideration of the terms of the Proclamation – consideration of the power of the Administrator appointed pursuant to the Proclamation – status of the "former council" and of the Administrator's decision to terminate instructions to seek joinder – costs – orders to effect joinder of added applicants to the joinder proceedings – order removing Gundagai Council as applicant for joinder – orders to effect joinder of added applicants to the substantive proceedings Legislation Cited: Interpretation Act 1987 Local Government Act 1993 Local Government (Council Amalgamations) Proclamation 2016 Cases Cited: Forbes v New South Wales Trotting Club Ltd [1979] HCA 27; 143 CLR 242; Hoffmann-La Roche v. Secretary of State for Trade [1975] AC 295; Inland Revenue Commissioners v National Federation of Self Employed and Small Businesses Ltd [1982] AC 617 Onus v Alcoa of Australia Ltd (1981) 149 CLR 27 Robinson v Western Australian Museum (1978) 16 ALR 623 Ousley v R [1997] HCA 49; 192 CLR 69 R v Balfour; Ex parte Parkes Rural Distributions Pty Ltd (1987) 17 FCR 26 Texts Cited: Australian Law Reform Commission Report No 27, "Standing in Public Interest Litigation" Category: Procedural and other rulings Parties: Gundagai Shire Council (Applicant on the Motion) Walcha Council (First Applicant) Oberon Council (Second Applicant) Cabonne Council (Third Applicant) Minister for Local Government (First Respondent) Office of Local Government (Second Respondent) The State of New South Wales (Third Respondent) Representation: Counsel: Mr P King/Ms F Sinclair, barristers (Applicant on the Motion and First, Second and Third Applicants) Mr J Hutton, barrister (Respondents)