Shellharbour City Council v Minister for Local Government (No 2) [2016] NSWLEC 119

Land and Environment Court New South Wales

Medium Neutral Citation: Shellharbour City Council v Minister for Local Government (No 2) [2016] NSWLEC 119 Hearing dates: 2 and 9 June 2016, further written submissions filed 24 June 2016 Date of orders: 20 September 2016 Decision date: 20 September 2016 Jurisdiction: Class 4 Before: Moore J Decision: See orders at [120] Catchwords: JUDICIAL REVIEW – proposal for amalgamation of local government areas – Minister's referral of proposal to Departmental Chief Executive for examination and report– inquiry required to be held – Chief Executive appoints Delegate to conduct inquiry – whether reasonable public notice given of the holding of inquiry – whether identification of locations of public inquiry sessions adequate – whether inquiry held in accordance with Act – whether examination and report on proposal in accordance with Act – whether an affected council denied procedural fairness by Delegate – review and comment on Delegate's report by Boundaries Commission – whether review conducted in accordance with Act – whether affected council denied procedural fairness by Boundaries Commission – publicly accessible material in support of proposal represented that KPMG analysis and modelling was independent – whether representations misleading – whether allegedly misleading representations invalidated statutory process of amalgamation – whether failure to provide all KPMG analysis and modelling material meant the council was denied procedural fairness Legislation Cited: Local Government Act 1993 ss 204, 213, 218, 218A, 218B, 218C, 218D, 218E, 218F, 218F(1), 218F(2), 218F(6), 218F(7), 218F(8), 260, 261, 262, 263, 263(1), 263(2), 263(2A), 263(2B), 263(3), 263(5), 263(7), 264, 265, 705, 706, Pts 1, 2 and 3 of Ch 9, Pt 2 of Ch 17, Sch 2 Prices Regulation Act 1948 Cases Cited: Bread Manufacturers of New South Wales v Evans (1981) 180 CLR 404; [1981] HCA 69 Botany Bay City Council v Premier Customs Services Pty Ltd (2009) 172 LGERA 338; [2009] NSWCA 226 Botany Bay City Council v The State of New South Wales [2016] NSWCA 243 Botany Bay City Council v The State of New South Wales [2016] NSWSC 583 Hunter's Hill Council v Minister for Local Government; Lane Cove Council v Minister for Local Government; Mosman Municipal Council v Minister for Local Government; North Sydney Council v Minister for Local Government; Strathfield Municipal Council v Minister for Local Government [2016] NSWLEC 124 Khan v the Minister of Immigration and Ethnic Affairs [1987] FCA 457 Ku-ring-gai Council v Mr Garry West in his capacity as delegate of the Acting Director-General of the Office of Local Government [2016] NSWLEC 62 Ku-ring-gai Council v Mr Garry West in his capacity as delegate of the Acting Director-General of the Office of Local Government (No 2) [2016] NSWLEC 118 Minister for Aboriginal Affairs v Peko -Wallsend Ltd (1986) 162 CLR 24; [1986] HCA 40 Shellharbour City Council v Minister for Local Government [2016] NSWLEC 54 Walcha Council v Minister for Local Government [2016] NSWLEC 57 Woollahra Municipal Council v Minister for Local Government [2016] NSWLEC 44 Woollahra Municipal Council v Minister for Local Government [2016] NSWLEC 86 Category: Principal judgment Parties: Shellharbour City Council (Applicant) Minister for Local Government (First Respondent) NSW Department of Premier and Cabinet (Second Respondent) Mr Mike Allen in his capacity as delegate of the Acting Director-General of the Office of Local Government (Third Respondent) NSW Local Government Boundaries Commission (Fourth Respondent) Representation: Counsel: Mr G Kennett SC/Mr C McMeniman, barrister (Applicant) Mr N Hutley SC/Ms F Gordon, Mr J Hutton, Dr J Lucy and Ms M Kumar, barristers (Respondents)